ATTA YAW AND OTHERS vs. AWUAH

JUDGMENT OF OLLENNU J.S.C. Ollennu J.S.C. delivered the judgment of the court. The plaintiff, respondent in this appeal, is successor to one Kwame Num, late of Bomaa, and the defendants, the appellants, are children of the said Kwame Num who died on or about 28 September 1960. The farm the subject-matter of the suit, called Kradwete farm, is one of five farms of which the said Kwame Num died possessed. It was the plaintiff’s case that when cultivating the said Kradwete farm, the late Kwame Num declared that he was making it for his family, and that in pursuance of the intention so expressed by him, members of his family assisted the said Kwame Num with finance and labour to make the farm, and therefore the farm acquired the character of family property even during Kwame Num’s lifetime. It was his case further, that in any event Num having died intestate possessed of it, the farm, by customary law, became vested in the family as family property and came under his management as N...