IN RE APPIAH (DECD.); YEBOAH vs. APPIAH

The plaintiff, Edward Owusu Yeboah, sued as customary successor of the late J. O. Appiah of Akim Swedru, seeking the court’s interpretation of an earlier High Court judgment dated 9 May 1975 concerning the estate of the deceased who died intestate. The earlier judgment had held that under customary law the deceased’s properties vested in the successor subject, among other things, to the widow and children’s possessory right of occupation of the matrimonial home and their right to household goods enjoyed in common with the deceased. A dispute then arose because the defendant widow claimed that the earlier judgment entitled her and her children to occupy the matrimonial home to the exclusion of the deceased’s family and to alienate portions of the house and certain chattels without reference to the successor. The plaintiff contended that, by custom, he was entitled to occupy rooms formerly occupied by the deceased and to use income or usufruct from the property for maintenance of the widow and children and to pay estate debts. He also complained that the widow had already sold the deceased’s car. Portion of judgment: opening paragraph setting out the originating summons and the supporting affidavit, especially paragraphs 2–4 of the affidavit.

JUDGMENT OF EDWARD WIREDU J. By his originating summons issued out of this court on 25 August 1975 the plaintiff as successor of the late J. O. Appiah of Akim Swedru calls for determination the following: “By a judgment of this honourable court dated 15 May 1975, the defendant was granted together with her children possessory title to house No. NT 4, the matrimonial home of the defendant and her late husband. The defendant claims that by virtue of that judgment she is entitled to occupy the said house to the exclusion of the family of her late husband and in particular the successor and further to alienate portions of the house without reference to the successor or his head of family. The plaintiff as successor claims to be entitled to occupy the rooms formerly occupied by the deceased according to custom and to utilise usufruct accruing therefrom for the maintenance of the defendant and her minor children, and to utilise any surplus to liquidate the huge debts now owed. The de.....