AMERLEY vs. OTINKORANG AND ANOTHER

The appellant, as head of the Atwei Otofoyo family, sued for a declaration of title to and recovery of possession of certain houses, cash and other personal property forming part of the estate of the late E. B. Otinkorang, who died intestate on 11 June 1959. She contended first that some of the properties belonged to her family and had been wrongfully taken over by the first respondent, the lawful widow and administratrix of the deceased’s estate; and secondly that, in respect of property owned by the deceased personally, she was entitled as family head to a one-third share under customary law. The respondents maintained that the properties in their possession were the deceased’s self-acquired properties and that the relevant customary law of succession was Teshie customary law, under which the disputed family share devolved on the deceased’s children rather than on the wider family head. Portion of judgment: “The latter claimed that some of these properties belonged to the Atwei Otofoyo family of which she was head... The appellant also claimed a third share of such of those properties as belonged to the deceased in his own right... the first respondent replied that that portion descended to the children of the late E. B. Otinkorang in accordance with Teshie customary law...”

JUDGMENT OF SARKODEE-ADOO C.J. This is the judgment of the court on an appeal from a decision of the High Court which on 13 September 1961, dismissed a claim by the appellant for a declaration of title to and recovery of possession of a number of houses, cash and other personal properties set out in the writ. Without going deeply into the facts, the evidence shows that the late E. B. Otinkorang lived for many years in Teshie and died intestate at Accra on 11 June 1959, possessed of considerable property. The first respondent is his lawful widow having been married to the deceased under the provisions of the Marriage Ordinance.1 The second respondent is the eldest child and issue of that marriage. Upon the death of her husband, the first respondent took out letters of administration and it would seem that it was while she was in the course of administering the estate that the appellant found cause to commence this action. The latter claimed that some of these properties belonged to the...