OMANE vs. POKU [1973]DLCA2337

Date	1973-04-09
Suit No.
Citation No.	[1973]DLCA2337

APALOO JA

SOWAH JA

ANIN J.A.

AKAINYAH (OWUSU YAW WITH HIM) FOR THE APPELLANT.

MMIEH FOR THE CO-DEFENDANT-APPELLANT.

C. F. HAYFRON-BENJAMIN FOR THE RESPONDENT.

[1973]DLCA2337
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													<main id="main" class="content" style="min-height: 60rem" >OMANE <o:p></o:p>vs. <o:p></o:p>POKU <o:p></o:p>[COURT OF APPEAL,
KUMASI]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1973]
2 GLR 66<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
9 APRIL 1973.<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">

AKAINYAH (OWUSU YAW WITH HIM) FOR THE APPELLANT.<o:p></o:p>

MMIEH FOR THE CO-DEFENDANT-APPELLANT.<o:p></o:p>

C. F. HAYFRON-BENJAMIN FOR THE RESPONDENT.<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">

APALOO, SOWAH AND ANIN JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF APALOO J.A.<o:p></o:p>The late
Kofi Boakye was born in Adjeikro in the Ivory Coast and was a national of that
country. The evidence shows that in order to avoid being conscripted into the
first world war, his grandfather sent him to this country. He was then very
young—apparently under ten years of age. He lived in one or two places in
Ashanti, and finally made his home at Kona where he died intestate about
September 1965. He combined farming with the work of a fetish priest and
although he cannot be said to have been a person of large means, he died
possessed of modest property. Two cocoa farms which he owned were the
subject-matter of the suit which culminated in this appeal.<o:p></o:p><o:p>&nbsp;</o:p>As is
only to be expected, at some time after Boakye came of age, he contracted
customary marriages with two women in Ashanti and begat children by them both.
They are Ama Serwah and Yaa Akyaa.<o:p></o:p><o:p>&nbsp;</o:p>One of
his children a male, is Kwabena Akuto. He is the issue of the deceased with Ama
Serwah. Akuto seems to have got on well with his father and lived and worked
with him till his death. He is one of the parties to this case in a role which
I am soon to describe.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>The
plaintiff is also of Ivory Coast origin and seems to have come to this country
long ago. He and the late Kofi Boakye seem to have collaborated, at least in
the latter’s fetish business. He was said to be a drummer of that fetish, and
was paid for his services as such. The plaintiff himself said his relationship
with the deceased transcended the purely business one. He said they were in
fact blood relations—being a cousin of the deceased. Indeed he said he and the
deceased came from the Ivory Coast together and settled together in a few towns
in Ashanti and finally moved to Kona where they lived together in the house of
one Opanin Kofi Tom. As the deceased died without any other relations apart
from himself and his children, his landlord Opanin Kofi Tom appointed him to
succeed to his estate. He accepted this appointment and gave thanks in
accordance with custom. He explained how Kofi Tom who was a complete stranger
to the deceased, came to appoint him to succeed to the latter’s properties. He
said, “When we all went to live at Kona with Opanin Tom, we all became one
family, with the family of Tom. The family belong to the Brentuo clan.”<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff said in virtue of his right as successor to the deceased, he
performed his funeral. When he was about to do so, he was disturbed by the
defendant who swore the great oath of Ashanti on him but he ignored this and
did the customary rites all the same. He said the defendant then interfered
with his rights to two farms which the deceased owned at Apatriatom and which,
in his right as successor to the deceased, he was entitled to enjoy. It is this
that provoked this litigation in which the plaintiff sought a declaration of
title to the two farms and a perpetual injunction to restrain the defendant
either by himself or his workmen from interfering with the said farms.<o:p></o:p>