AFIA NTIWAA AND ANOR vs. AKWASI NKRUMAH

The plaintiffs issued the instant writ in their joint capacity as the administrators of the estate of Opanin Kofi Kyei, also known as Adama Kyei, when later in life, he embraced the Islamic faith. The first plaintiff, now deceased, was the wife of Adama Kyei, whilst the second was his eldest son with a different woman. Adama Kyei died on 11th June, 1994 and letters of administration in respect of his estate were granted on 28the November, 1994 to the plaintiffs by a Kumasi High Court. The document is in evidence as exhibit ‘A’. It was during the pendency of the suit that first plaintiff passed away, but was not substituted. On the other hand, the defendant is the younger brother and customary successor of the deceased Adama Kyei. It is asserted by the plaintiffs that during the lifetime of Adama Kyei he cultivated a cocoa farm on a piece of land at Akutuase on Mim stool land. According to the plaintiffs, this land was originally a forest which was gifted to him by one Opanin Kof...