NANA OBENG DWAMENA vs. MR. KWAME DONKOR AND 6 OTHERS

AYEBI J.A. 1. This is an appeal against the judgment of the Circuit Court, Bekwai dated 8th April 2011. In the judgment the trial judge dismissed the plaintiff’s claim as customary successor to the late Kwaku Boakye because the plaintiff is not a member of the family of the late Kwaku Boakye. On the contrary, the trial judge upheld the counter-claim of the 1st to the 6th defendants that since the family of the late Kwaku Boakye has become extinct, the late Kwaku Boakye had the capacity to devise the disputed properties to the 3rd to 7th defendants in his will. 2. In his writ of summons, the plaintiff sought the following reliefs: 1. A declaration that the following properties belong to his immediate family and that the late Kwaku Boakye had no capacity to devise them to the defendants or anybody: (a) All that piece and parcel of cocoa farm at Amomorso/Kokotro Road/Danhiniho on Kokofu/Dadiase stool land and bounded by the properties of Adwoa Bio, the late Kwasi Boadi No.2, late Kw.....