QUASHIE AND OTHERS vs. BOAHEMA AND ANOTHER [1985]DLCA801

Date	1985-07-25
Suit No.
Citation No.	[1985]DLCA801

APALOO C.J

MENSA BOISON JA

ABBAN J.A.

S. K. AKOTO FOR THE APPELLANTS.

W. A. N. ADUMUA-BOSSMAN FOR THE RESPONDENTS.

[1985]DLCA801
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													<main id="main" class="content" style="min-height: 60rem" >QUASHIE AND OTHERS <o:p></o:p>vs. <o:p></o:p>BOAHEMA AND ANOTHER <o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p>[1987-88] 1 GLR 727<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
25 JULY 1985<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">

S. K. AKOTO FOR THE APPELLANTS. <o:p></o:p>

W. A. N. ADUMUA-BOSSMAN FOR THE RESPONDENTS.<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 C.J., MENSA BOISON AND ABBAN
JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF MENSA BOISON J.A.<o:p></o:p>Mensa
Boison J.A. delivered the first judgment at the invitation of Apaloo C.J. This
appeal arises from the decision of the High Court, Koforidua dated 10 August
1984 in a dispute as to who was entitled, under customary law to succeed to the
estate of one Ama Korantema. There is some limited area of agreement on the
facts as stated in the pleadings and as emerged from the evidence of the
parties, but the facts in controversy are sharp and crucial. The two
plaintiffs, who sued in a representative capacity, are the daughters of Ama
Korantema, who lived in Koforidua and whose death in August 1978 gave cause for
this litigation.<o:p></o:p><o:p>&nbsp;</o:p>About the
year 1898, one Kofi Boahene of Koforidua married from Obosomase in Akwapim, a
woman called Yaa Nkrumah. She was then already a mother of three children (five
according to the plaintiffs). Importance attaches here only to the fact that
Yaa Nkrumah was accompanied to her marital home at Koforidua by these children
of hers; among whom was Ama Korantema, aforesaid.<o:p></o:p><o:p>&nbsp;</o:p>Besides
one daughter, Yaa Nkrumah was to have four male children by Kofi Boahene. It is
agreed that at some stage of their marriage Kofi Boahene converted their
customary marriage into one under the Marriage Ordinance. Together with her
“pre-marital” children and those by Kofi Boahene, Yaa Nkrumah was to make
Koforidua her permanent home. Her daughter by Kofi Boahene appears to have died
early in life; otherwise her children, particularly Ama Korantema and the four
sons by Boahene, grew to ripe ages and survived the couple. The sons of Boahene
by Yaa Nkrumah were these; Kwabena Mensah, Kwabena Osei, Isaac J. Darko and D.
B. Quarshie.<o:p></o:p><o:p>&nbsp;</o:p>On the
death of Kofi Boahene his nephew, Yaw Sarfo, was appointed successor and thus
became the head of the Boahene family. Now it was the case of the defendants
that at Kofi Boahene’s marriage at Obosomase, the head of Yaa Nkrumah’s family
declared that he had bestowed any children to be born of the marriage for ever
to Kofi Boahene, and so will belong to Kofi Boahene’s maternal family. Boahene
was said to have accepted this condition of the marriage, and signified same
with due customary performance. The plaintiffs do not deny the fact of adoption
in respect of the prospective children. What they insist on, is that the
adoption was in respect of children already begotten by Yaa Nkrumah as well.<o:p></o:p><o:p>&nbsp;</o:p>Now in
their lifetime, the four sons of Boahene must have been men of industry and
husbandry, as measured by their worldly possessions. An affidavit deposed to by
the original first defendant, Kweku Boahene, in the course of this action,
disclosed that between the brothers they left six houses in New Koforidua and
two farms in the area. There was nothing to show that these were not
substantial properties by Ghanaian standards. Acting, no doubt, on the premise
that the Boahene sons had been assimilated into Boahene’s family, Yaw Sarfo, as
head of family, saw to it that on the death of a Boahene son, the eldest among
the surviving brothers was appointed successor to such deceased.<o:p></o:p><o:p>&nbsp;</o:p>It is the
case of the defendants that when D. B. Quarshie, as the last surviving of the
brothers, died their lineage was thereby extinct, and, Yaw Sarfo appointed
himself as successor to the properties of the Boahene sons last held by D. B.
Quarshie. However, on supplication from Ama Korantema and her sister Afua
Boakyewaa, both daughters of Yaa Nkrumah, that they were old and without means
of maintenance, Yaw Sarfo handed over the properties of the Boahene sons to
them to manage and provide for their living; but accounting to him Yaw Sarfo.<o:p></o:p><o:p>&nbsp;</o:p>