FORDWOUR AND OTHERS vs. NIMO AND OTHERS [1962]DLHC1441

Date	1962-05-01
Suit No.
Citation No.	[1962]DLHC1441

DJABANOR J.

APPIAH-MENKA FOR THE PLAINTIFFS.

I. R. ABOAGYE FOR THE DEFENDANTS.

[1962]DLHC1441
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">FORDWOUR AND OTHERS<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">&nbsp;vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">NIMO AND OTHERS <o:p></o:p>[HIGH COURT, KUMASI]<o:p></o:p>[1962] 1 GLR 305<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 1ST MAY, 1962.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

APPIAH-MENKA
FOR THE PLAINTIFFS.<o:p></o:p>

I.
R. ABOAGYE FOR THE DEFENDANTS.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

DJABANOR J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
DJABANOR J.<o:p></o:p>This is a case in which the five plaintiffs the children of late
Joseph Nyame, also known as Abesua Nyame, are claiming from the defendants (the
first defendant claiming to be the successor of the said Abesua Nyame), several
properties including cocoa farms and houses, and damages for trespass. Their
ground for so claiming are that their late father died possessed of these
properties in his own right, i.e. they were self-acquired, and he had no
relatives, being, as they pleaded, a servant or slave whose family was made up
of himself, his wives and children only. Another basis of their claim was that
at an arbitration before Mr. Duncan Williams, district commissioner for the
district in which they lived, the defendants agreed to surrender the whole of
these properties to the plaintiffs. Needless to say this action was brought
because the defendants had not given up the properties to the plaintiffs.<o:p></o:p><o:p>&nbsp;</o:p>The defendants, however, contended that the late Abesua Nyame was
in the defendants’ family before any of them (i.e. the defendants) was born,
and that the said Nyame was, and had always been known to be a free member of
their family and not a slave. Even if he was a slave he had been adopted into
their family. Their family therefore was entitled to succeed to the estate of
the late Nyame. The defendants also denied that there was an arbitration. What
happened, they said, was only an attempt at a settlement, which failed.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>I will first deal with the question whether or not the late Nyame
was a slave or a free member, that is adopted member, of the defendants’
family. In the main the defendants and their witnesses were loath to regard the
late Nyame as a slave. But there is no doubt that he was not originally a
member of the defendants’ family. I am satisfied that the defendants were not
in any way the late Nyame’s blood relations. I think he must have come to
settle in Abesua in his early youth, but the real story as to when he came and
in what capacity he was brought is shrouded in uncertainty. Mr. Osei Kojo whose
evidence impressed me considerably himself had the story second hand. He was
told. I will therefore content myself with the examination of the evidence to
see how far Nyame could be said to have opted to join the defendants’ family,
and if so whether he was so accepted.<o:p></o:p><o:p>&nbsp;</o:p>The most important point relied upon by the plaintiffs for
asserting that their father never opted to join the defendants’ family is the
marriage between the late Nyame and Kutuwaa. Kutuwaa is the sister to the
present Abesua chief, and cousin to the defendants. The plaintiffs are saying
that if their father considered himself as a member of the defendants’ family
he would not have married Kutuwaa also in the same family. The defendants
answer to that is that a person could marry his cousin, and that in any case
Kutuwaa and the late Nyame not being blood relatives they were permitted to
marry by native custom. And yet although the first and third defendants are
cousins to the second defendant they admitted that they could not possibly
marry her in accordance with native custom. Neither could either the first or
third defendant be permitted by custom to marry Kutuwaa. My understanding of
the native custom pertaining to this is that once they became related and
became members of one family they could not possibly be permitted to marry each
other. There was evidence, which I believed, that a proper marriage by native
custom with all the rites and incidents took place between the late Nyame and
Kutuwaa. To confirm my view of the native custom I put the following
proposition to the chief of Abesua, a brother to Kutuwaa:<o:p></o:p>Q. If I am your son and you marry another woman who already has a
daughter by a previous marriage, can I marry that your new wife’s daughter?<o:p></o:p>