[2023]DLSC15004 • January 18, 2023 • Supreme Court •
OPANIN KWAKU DUAH AND YAW NKRUMAH MENSAH vs. PETER KOFI OKYERE, KWADWO OKYERE AND ABENA KONADU
The dispute concerns ownership of three properties in Kumasi and a cocoa farm at Abrewapomaah, Ashanti. The Appellants claim these are family properties of the Ekuona Family of Ntonso, while the Respondents assert they are the personal properties of their deceased father, Akwasi Okyere, who devised them in his last will dated 30th January 1995. The High Court and Court of Appeal ruled in favor of the Respondents, declaring the properties as personal to Akwasi Okyere. The Appellants appealed to the Supreme Court.
read moreJUDGMENT AMADU JSC:- INTRODUCTION: (1) The parties to this appeal are all members of the Ekuona Family of Ntonso, Ashanti. The dispute between them pertains to the ownership of three properties-House No.KO.60, Ashanti New Town, Kumasi; House No.019, Block 8, Ashanti New Town, Kumasi and a Cocoa Farm at Abrewapomaah. (2) While the Appellants claim that the aforementioned properties are family properties belonging to the Ekuona Family of Ntonso, the Respondents contend that, the properties are the personally acquired properties of their deceased father, Akwasi Okyere. (3) Fortified by their claims, the Appellants contend that, being family properties, the Respondents’ deceased father could not have devised same under his last will and testament dated 30th January, 1995. Conversely, the Respondents maintain that, their late father had the right to devise the properties which were personally acquired and owned by him. (4) This appeal therefore emanates from the judgment o.....