OFORI AGYEKUM vs. MADAM AKUA BIO

BENIN, JSC:- My Lords, the issue that is raised in this appeal is a familiar one, familiar in the sense that since the promulgation of the Intestate Succession Law, 1985, PNDCL 111, upon the death intestate of a person, the extended family immediately argues that the immoveable property that the deceased’s immediate family seek to enjoy is the property of the extended family. The deceased’s immediate and extended family would therefore embark upon oftentimes protracted litigation to determine whether or not the property in question is the self-acquired property of the deceased or that of his extended family. This is one of such cases that we are called upon to finally resolve. The good intentions behind the promulgation of PNDCL 111 have unfortunately resulted in a new wave of litigation, and who knows when this type of litigation will end, especially given the fact that a lot of properties acquired in this country have been, and continue to be, done through customary grant of l...