AUGUSTINE YAW MANU vs. MADAM ELIZABETH AMMA NSIAH

The appellant, Augustine Yaw Manu, filed suit claiming that a disputed house located at Z.E. 172 Zongo Extension, Kumasi/Ashanti, was family property belonging to the immediate matrilineal family of the late Stephen Yaw Nimo. He alleged that the late Yaw Nimo had no capacity to transfer the property by deed of gift to the respondent, Madam Elizabeth Amma Nsiah, without the family's consent. The respondent contended that the property was gifted inter vivos by the predecessor, Kwadwo Nsiah, and that the appellant lacked familial relation and locus standi. The High Court initially ruled in favor of the appellant, declaring the property family property and recognizing the appellant's capacity to sue. The Court of Appeal reversed this decision, holding that the appellant lacked locus standi. The appellant appealed to the Supreme Court.

LARTEY, J.S.C.: This is an appeal against the judgment of the Court of Appeal reversing the judgment of the High Court, Kumasi, which held that the appellant (hereinafter referred to is the plaintiff) had capacity to file this action and that the disputed house is family property. Aggrieved by the High Court decision the respondent (hereinafter also referred to as the defendant) successfully appealed against the judgment of the High Court and had it overturned. The plaintiff issued the instant writ at the Kumasi High Court against the defendant claiming: “1. A declaration that House No. Z.E. 172 Zongo Extension/Kumasi-Ashanti is the property of the immediate matrilineal family of the late Stephen Yaw Nimo. 2. That the late Stephen Yaw Nimo had no capacity to present House No. Z.E. 172 Zongo Extension, Kumasi/Ashanti intervivos by a purported ‘Deed of Gift’ to Madam Elizabeth Amma Nsiah without the knowledge and consent of the matrilineal family the owner thereof. 3. T...