[1994]DLSC709 • February 1, 1994 • Supreme Court •
APPIAH II vs. BOAKYE
The plaintiff, as head of a maternal family of the Asenie clan at Abenase village, claimed that the defendant and his deceased uterine brothers were members of his maternal family by virtue of their mother, Adwoa Tawiah, who was alleged to have been purchased as a slave into the plaintiff's family. The defendant was customarily appointed as successor to the properties of his deceased brothers. The defendant later made a statutory declaration renouncing family ties with the plaintiff's family, prompting the plaintiff to seek declarations that the properties held by the defendant should be surrendered to the plaintiff's family.
read moreJUDGMENT OF ABBAN JSC The Court of Appeal on 24 January 1991 reversed the ruling of the High Court, Kumasi given in favour of the appellant-defendant (hereinafter referred to as the defendant). It is against that decision of the Court of Appeal that the defendant appealed to this court. The respondent (hereinafter referred to as the plaintiff) by his writ of summons claimed: (a). “A declaration that one Yaw Manu (Decd) late of Abenase-Ejisu and Yaw Mensah (Decd) late of Abenase-Ejisu, the uterine brothers of the defendant, were members of the plaintiff’s maternal family. (b). A declaration that consequent upon a statutory declaration by the defendant, of unknown date, by which the defendant renounced any or all family ties with the plaintiff, the properties of Yaw Manu (Decd) and Yaw Mensah (Decd) which became the family properties of the plaintiff and which were handed over to the defendant as customary successor of the said late Yaw Mensah should be surrendered by t...