FYNIBA AND OTHERS vs. SEKYIWA; AND FYNIBA vs. ESSAABA; AND FYNIBA vs. SEKYIWA (CONSOLIDATED)

JUDGMENT OF AMUA-SEKYI J.S.C. The litigation between the parties started in 1971 when one Kobina Awotwi, also called Frederick Swanzy, issued a writ in the High Court, Cape Coast against the nine children of the late Kwamena Nuamah, also called Thompson, for a declaration of his title to a house on Kotokuraba Road, Cape Coast numbered F 84/3. The house was built by the said Kwamena Nuamah on land which, Awotwi alleged, was the subject of a gift from Kwasi Nuamah, otherwise known as Regent Thompson, to his wife Aba Kraba and her children. Kwamena was one of the five children who benefited from the gift of the land. The capacity in which Awotwi sued was that of head of the Anona family of Cape Coast of which Aba Kraba and her children were members, and his contention was that the house was family property which the said Kwamena could not lawfully devise to his children under his will. Awotwi died before the matter came to trial and was substituted by Aba Sekyiwa, daughter of E...