OHENEMAA ABENA BONSU vs ANDOH BENOLI KOOMSON

JUDGMENT MENSAH-HOMIAH, J.A. INTRODUCTION: This appeal is launched by the Defendant/Appellant (Defendant) against the Judgment of the High Court, Kumasi, dated 22nd January, 2020 by which the trial Judge granted all the reliefs claimed by the Plaintiff/Respondent (Plaintiff) in respect of a cocoa farm which allegedly belonged to one Dr. Andoh Benoli Koomson in his life time. This appeal raises for our consideration issues such as, whether in the absence of a Vesting Assent, a devisee under a Will can sue for declaration of title in the name of a deceased Testator or in the beneficiary’s own name. BACKGROUND: The Plaintiff describes himself as a beneficiary of a cocoa farm measuring 10.14 acres which his late father, A.B. Koomson, a Medical Doctor, devised to his three children in his Last Will, absolutely. The Plaintiff contended that, his father purchased the farm land from the Biemso Stool in 1955. Upon the acquisition, Dr A.B. Koomson is said to have engaged one Opanin Kw.....