AFIA NTIWAA AND ANOR vs. AKWASI NKRUMAH [2011]DLHC8153

Date	2011-05-16
Suit No.	SUIT NO. LS/62/97
Citation No.	[2011]DLHC8153

HIS LORDSHIP JUSTICE JACOB B. BOON

OBENG MANU JNR. FOR THE PLAINTIFFS

F. K. BOUR FOR THE DEFENDANT

[2011]DLHC8153
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >AFIA NTIWAA AND ANOR<o:p></o:p>vs.<o:p></o:p>AKWASI NKRUMAH<o:p></o:p>[HIGH COURT,
KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT NO. LS/62/97&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 16TH MAY, 2011<o:p></o:p>

</div>COUNSEL:<o:p></o:p>OBENG MANU JNR. FOR THE PLAINTIFFS<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

F. K. BOUR FOR THE
DEFENDANT&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <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:0cm 0cm 1.0pt 0cm">

HIS LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>The plaintiffs issued the instant writ in
their joint capacity as the administrators of the estate of Opanin Kofi Kyei,
also known as Adama Kyei, when later in life, he embraced the Islamic faith.
The first plaintiff, now deceased, was the wife of Adama Kyei, whilst the
second was his eldest son with a different woman. Adama Kyei died on 11th
June, 1994 and letters of administration in respect of his estate were granted on
28the November, 1994 to the plaintiffs by a Kumasi High Court. The document is
in evidence as exhibit ‘A’. It was during the pendency of the suit that first
plaintiff passed away, but was not substituted. On the other hand, the
defendant is the younger brother and customary successor of the deceased Adama
Kyei.<o:p></o:p><o:p>&nbsp;</o:p>It is asserted by the plaintiffs that during
the lifetime of Adama Kyei he cultivated a cocoa farm on a piece of land at
Akutuase on Mim stool land. According to the plaintiffs, this land was
originally a forest which was gifted to him by one Opanin Kofi Nkoto, in its
virgin state. It is alleged that Kofi Nkoto, who was related to the father of
Adama Kyei, was a hunter and was appointed by the Mimhene, as the demarcator of
forest lands within the Mim stool to prospective purchasers, particularly for
farming purposes.<o:p></o:p><o:p>&nbsp;</o:p>It is the case of the plaintiffs that Adama
Kyei, his wife and children cultivated the farm without any assistance from his
family. It is further asserted that he carved a portion of it for his wife
called Yaa Nyantaa and a piece of the virgin forest in his possession to one
Kofi Adabor, who was his half brother. According to the plaintiffs, upon the
death of Adama Kyei, the defendant confiscated the farm and is now harvesting
and enjoying the proceeds to the neglect of the other members of the family.
The plaintiffs are now in court praying for a declaration that the cocoa farm in
dispute is the self-acquired property of Adama K&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; yei, and should devolve in accordance with the Intestate Succession
Act, 1985, P.N.D.C.L. 111; an order for recovery of the farm so that it could
be administered under the provisions of P.N.D.C.L. 111, and a further order for
accounts of proceeds of cocoa harvested from it since the 1994/95 cocoa season.
<o:p></o:p><o:p>&nbsp;</o:p>The defendant is in denial that the disputed farm
was made by Adama Kyei. He asserted that the land on which it is located was
acquired by Opanin Kwabena Ntirakwa, with the assistance of Opanin Kofi Nkoto,
a brother to Opanin Kwabena Ntirakwa. It would be recalled that the plaintiffs
referred to Opanin Kofi Nkoto as the person who gifted the land in its virgin
state to late Adama Kyei. Be it as it may, the defendant further asserted that
Opanin Kwabena Ntirakwa gifted a greater portion of the land so acquired to his
wife called Akosua Darkoa, and a smaller portion to Kofi Adabor, his brother. It
was established that Akosua Darkoa was the mother of the defendant, Adama Kyei
and one Kwasi Kyei. It is defendant’s case that it was his mother who started
the cultivation of the disputed cocoa farm, and in that regard, she was
assisted by her three sons already mentioned. It was further asserted by the
defendant that after the death of his mother, Akwasi Kyei left Akutuase, but he
and Adama Kyei remained in the farm for sometime till Adama Kyei also left for
Pasro, on the death of his wife, and lived there for about four years; that
after the departure of both Akwasi Kyei and Adama Kyei he took over control and
management of the farm. Defendant admitted that Adama Kyei returned to the
farm, but soon left for Kumasi to pursue a career in driving. Defendant also
admitted the gift of a portion of the farm to Yaa Nyantaa, the wife of Adama
Kyei, but said it was made by his family in recognition of the services she
rendered towards the effective management of the farm. And that explained why
even after her marriage with Adama Kyei was dissolved it did not affect the
gift made to her. Defendant further averred that the farm had been his family
property since the death of his mother in 1955, and Adama Kyei had all along
rendered accounts to the family in respect of its proceeds and proceeds of two other
farms made by Akwasi Kyei when they came into his possession after the death of
Akwasi Kyei.<o:p></o:p><o:p>&nbsp;</o:p>Why he did not join the plaintiffs to apply
for letters of administration to administer the estate of Adama Kyei though he
claimed to be his customary successor, he explained in paragraph 12 of the
statement of defence that:<o:p></o:p><o:p>&nbsp;</o:p>