QUASHIE AND OTHERS vs. BOAHEMA AND ANOTHER

JUDGMENT OF MENSA BOISON J.A. Mensa Boison J.A. delivered the first judgment at the invitation of Apaloo C.J. This appeal arises from the decision of the High Court, Koforidua dated 10 August 1984 in a dispute as to who was entitled, under customary law to succeed to the estate of one Ama Korantema. There is some limited area of agreement on the facts as stated in the pleadings and as emerged from the evidence of the parties, but the facts in controversy are sharp and crucial. The two plaintiffs, who sued in a representative capacity, are the daughters of Ama Korantema, who lived in Koforidua and whose death in August 1978 gave cause for this litigation. About the year 1898, one Kofi Boahene of Koforidua married from Obosomase in Akwapim, a woman called Yaa Nkrumah. She was then already a mother of three children (five according to the plaintiffs). Importance attaches here only to the fact that Yaa Nkrumah was accompanied to her marital home at Koforidua by these children of...