KATE OPUNI TIWAAH (FOR HERSELF AND ON BEHALF OF THE CHILDREN OF THE LATE SAMUEL KWAME OPUNI) AND ABENA ADAMU vs. KOFI DARKO

AYEBI J.A. The judgment in this appeal should have been delivered on Thursday, 31st July 2014 but for the death of the original plaintiff/respondent, Felix Opuni Agyei. Now that he had been substituted by the new head of family Daniel Opuni Duh, we proceed to deliver the judgment. 1. This is an appeal against the judgment of the High Court, Kumasi dated 17th December 2009. The subject-matter of the suit is H/No. Plot 7 Block 3, New Amakom-Kumasi. The house was owned by the late Samuel Kwame Opuni in his lifetime as his self-acquired property. 2. The late plaintiff Felix Opuni Agyei described himself as the head of the immediate matrilineal family of Nyinampinase and sued in that representative capacity. The late Samuel Kwame Opuni hailed from that family. The first defendant is one of the daughters of the late Samuel Kwame Opuni while the second defendant is his wife. 3. The late Samuel Kwame Opuni lived in the disputed house as his matrimonial home with his wife, childr...