IN RE ESTATE OF KWABENA APPIANIN (DECD.); FRIMPONG vs. ANANE [1965]DLSC1811

Date	1965-05-17
Suit No.
Citation No.	[1965]DLSC1811

MILLS-ODOI JSC

OLLENNU JSC

APALOO J.S.C.

OWUSU FOR THE APPELLANT.

OSEI-BONSU FOR THE RESPONDENT.

[1965]DLSC1811
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													<main id="main" class="content" style="min-height: 60rem" >IN RE ESTATE OF KWABENA APPIANIN (DECD.); FRIMPONG <o:p></o:p>vs.<o:p></o:p>ANANE <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1965] GLR 354<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
17 MAY 1965.<o:p></o:p>

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

OWUSU FOR THE APPELLANT.<o:p></o:p>

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

MILLS-ODOI, OLLENNU AND APALOO JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF OLLENNU J.S.C.<o:p></o:p>Ollennu
J.S.C. delivered the judgment of the court. This is an appeal from a judgment
of Djabanor J. granting letters of administration to the plaintiff, the
respondent herein, in respect of the estate of one Kwabena Appianin, deceased.
Both parties, i.e. the plaintiff and the defendant are uterine grand-nephews of
the deceased Kwabena Appianin; the plaintiff is the older of the two.<o:p></o:p><o:p>&nbsp;</o:p>At the
time of his death, Kwabena Appianin was the head of his family and was
possessed of property some of which he had inherited from deceased members of
the family. A few weeks before his death, Kwabena Appianin convened a meeting
of the family and to it he invited some elders of the Konongo town who are not
members of the family. According to the plaintiff, Kwabena Appianin at that
meeting directed, among other things, that the defendant should succeed him,
both as to property as well as to the office of headship of the family. Such
direction is, of course, not binding upon the family. The family can treat
those wishes with respect, but are not bound by them; they would be within
their rights under customary law to reject them, and to make their own
appointment or appointments. The defendant’s version of the proceedings of the
said meeting is that Kwabena Appianin made a gift of all the properties to him
and appointed him the head of the family with effect from his, Kwabena
Appianin’s, death. Obviously this version cannot be correct, because although
Kwabena Appianin may by samansiw dispose of his self-acquired property in the
way he likes, he cannot make an appointment of a head of the family to bind the
family, and cannot so dispose of the property of the family. However, the
defendant himself, though not his witnesses, confirmed the evidence given by
the plaintiff and his two witnesses, that a meeting of the family was held
after the death of Kwabena Appianin, and that the defendant was thereat
appointed successor to Kwabena Appianin and also head of the family, and that
he, thereupon, gave the necessary customary drinks in acceptance of the two
offices. The defendant therefore held those offices by virtue of the
appointment by the family, and not by right of gift from or appointment by
Kwabena Appianin.<o:p></o:p><o:p>&nbsp;</o:p>It is the
plaintiff’s case that the defendant was formally deposed in accordance with
customary law by the family on 23 October 1960, at a family meeting convened to
consider complaints which the family had against him; and that upon the
defendant’s deposition, he, the plaintiff, was appointed successor to Kwabena
Appianin in the place of the defendant, and he made the application for the
letters of administration upon the strength of his said appointment.<o:p></o:p><o:p>&nbsp;</o:p>The
complaints which the plaintiff says the family have against the defendant are:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">&nbsp;(1) That the defendant persistently flouted
the express wishes of the old man regarding the administration of his estate
i.e. his desire for the widow and children and John and Kofi Donkor to remain
in the house. They were ejected by the defendant.<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(2) The
defendant flouted the suggestion of the family with regard to the succession to
Kofi Donkor’s estate, after he had died as a result of the defendant’s
unwillingness to provide for Kofi Donkor’s health needs.<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(3) That
the defendant neglected to improve the family house. (He rather used the proceeds
from the deceased’s estate to build his own.)<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(4) Waste
of funds. He bought himself a car and did not look after the members of the
family.<o:p></o:p>