OPANIN KWASI ASAMOAH vs. KWADWO APPEAH AND NANA OWUSU SENYA

The plaintiff, as customary successor to the late Opanyin Kwaku Asare, challenged the devise in Asare’s will of House No. ABH 7 Block B, Aboahia, Ashanti, to the defendants, who were Asare’s children and beneficiaries under the will. The plaintiff contended that the house was not Asare’s self-acquired property but family property originally acquired by Kwame Abebrese, to whose estate Asare had succeeded under customary law. The defendants maintained that the house was Asare’s self-acquired property and further counterclaimed to one-half interests in other properties at Ashanti New Town and Oldmankrom on the basis that Asare and Abebrese had jointly acquired them. The trial court found that the Aboahia house belonged to Abebrese and had devolved as family property, and dismissed the counterclaim as unproved. Portion indicating this appears in Bamford-Addo JSC’s narration beginning: “The brief facts of this case are that Opanyin Kwaku Asare and Opanyin Kwame Abebrese were brothers...” and continuing through the discussion of the plaintiff’s claim and the defendants’ counterclaim.