[2024]DLCA17936October 24, 2024Court of Appeal

MADAM ROSEMARY AIDOO vs. MRS. SOPHIA AMOA

JUDGMENT NOVISI ARYENE JA: ANTECEDENTS Following a misunderstanding between the parties as to whether or not plaintiff is entitled to benefit from the estate of the late Obaapanyin Abena Ayensua, defendant approached Nana Kwabena Obo II, also known as Nana Toku, the Akyeamehene of Apinto Stool of Tarkwa, (who testified at the trial as DW 1) to settle the dispute, and the parties responded to his invitation with witnesses. PLAINTIFF’S CASE Plaintiff contends that what transpired at Nana Toku’s residence was nothing short of an attempt to settle a family feud and that it was not customary arbitration as defendant would want the court to believe. Plaintiff contends that contrary to the requirements of a valid customary arbitration, the parties did not pay arbitration fees; Nana Toku did not fully record what transpired at the meeting and the parties also testified in the presence of their witnesses. Plaintiff further contended that the deliberations were inconclusive because ...