[1986]DLCA814 • June 5, 1986 • Court of Appeal
YEBOAH AND OTHERS vs. KWAKYE
The dispute concerns ownership of properties including a plot of land at Nsukwao, Koforidua with buildings and several farms. The properties were originally acquired and developed by Afua Pokua, deceased mother of Yaw Donkor. Upon Afua Pokua's death, succession passed to Yaw Donkor, who later purported to dispose of the properties by will to his wife and children. The plaintiff, Kwaku Kwakye, son of Afua Pokua's sister, claims the properties as family land, opposing the defendants' claim that Yaw Donkor owned them as self-acquired properties.
read moreOsei-Hwere J.A. delivered the judgment of the court. The properties in dispute may conveniently be lined up in two groups. In one group is the plot of land at Nsukwao, Koforidua which is partly developed into swish and cement-block buildings. In the other are the three cocoa farms at Suhien Aboye, a sugar-cane farm a Nsukwao, Koforidua Old Estate Road and a foodcrops farm near the cemetery, Koforidua. The cement-blocks building comprise one storey structure ( the main buildings and two outbuildings commonly called “boys quarters.” Because all these building stand in close proximity, they have been registered at the Koforidua Municipal Council as one unit with the registration number T 29. The registered owner is given as Afua Pokua /J Y Donkor. Afua Pokua (now deceased) was the mother of J Y Donkor, described as Yaw Donkor at the trial. Afua Pokua had two sisters and two brothers, namely Abenaa Mframa, Amma Tanoa, Kwame Adjabeng and Tuffour. It does appear Amma Tanoa predeceased...