EMMANUEL YAW KUMI vs. KOFI ANSU & 2 ORS. AND EMMANUEL YAW KUMI vs. YAW PETER & 3ORS

JUDGMENT ASIEDU JSC: [1]. This appeal is against the judgment of the Court of Appeal, Kumasi delivered on the 18th day of December 2018. On 19th December 2006, Emmanuel Yaw Kumi, who claims to be a lawyer and a customary successor of the late Opanin Kwasi Asante, for himself and on behalf of his maternal family, sued Akosua Donkor alias Maame Donkor in Suit No. C1/59/07 at the High Court Sunyani for a declaration, among others, that House No. SE.78 Sunyani, AB 27 Dormaa Ahenkro, Estate House No. 14, Sunyani and other properties are all plaintiff’s maternal family properties and that the deceased, the late Opanin Kwasi Asante had no power or right in law to dispose of, devise or give same or portions of the said properties to any person in his alleged will. The Defendant caused a conditional appearance to be entered on her behalf and subsequently filed an application for the action to be dismissed. On the 9th May 2007, the High Court, Sunyani, holding that the Plaintiff’s cla...