April 12, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Matilda Asantewaa, substituted for Abusuapanyin Kofi Otopa (deceased) and niece of Opanyin Kwaku Amankwa, appealed the Akim Oda High Court’s March 29, 2021 judgment that validated a May 24, 2017 customary arbitration before the Omanhene of Otwereso. The arbitration addressed whether Amankwa was from Nkonya or Aburi and who, by custom, should inherit his estate, including over 150 acres at Kwaboadi in Akyem Abuakwa. Accepting evidence from Nana Kokotey, the panel found Amankwa hailed from Nkonya, applied patrilineal succession, and awarded one-third of the land and other properties to Amankwa’s only child (the Respondent), and two-thirds to the Aburi family. In a detailed opinion by Mensah-Homiah J.A., the Court of Appeal rejected challenges to consent, subject-matter jurisdiction, res judicata based on Suit No. L 77/88, and bias or unfair hearing due to the presiding chief’s family ties and grantor status. Applying the ADR Act, Chieftaincy Act, and Courts Act, it held publication was sufficient, the award final and binding, affirmed dismissal of both claims, and awarded GH¢20,000 costs to the Respondent.
MENSAH-HOMIAH, J.A.
INTRODUCTION
By a judgment dated 29th March, 2021, the High Court, Akim Oda, declared as valid an earlier arbitration on the same subject matter between the parties. The Court then dismissed both the Plaintiff’s suit and the Defendant’s counterclaim because in its opinion, the matter could not be re-litigated. It is against this decision of the High Court that Plaintiff lodged the instant appeal on 22nd April, 2021.
BACKGROUND
This is the genesis of the suit before the High Court. It was alleged that, one Opanyin Kwaku Amankwaa, father of the Defendant, was a native of Aburi and so upon his death intestate, his properties devolved onto his immediate family of Aburi. Matilda Asantewaa who was substituted for the original plaintiff, Abusuapanyin Kofi Otopa (decd.), is a niece of Opanyin Kwaku Amankwa (deceased). In his life time, Kwaku Amankwa had only one child, the Defendant herein. At the time of Kwaku Amankwa’s death sometime in 1967, Defendant was a minor aged 15. Several years later, Defendant who discovered that his late father rather hailed from Nkonya where the patrilineal system of inheritance is practiced, made a demand on the then head of family, Opanyin Akunnor, to be given a portion of her father’s properties. Following Defendant’s persistent demands, Kwaku Amankwa’s family carved a total of 15 acres out of the over 150 - acre land which forms part of the deceased’s estate, situate and lying at Kwaboadi in Akyem Abuakwa, for Defendant, at different times.
Not satisfied with the 15 acres of land, Defendant summoned Plaintiff’s family members who were farming on the land before the Omanhene of Kwereso (Otwereso), whose stool owns the land which was leased to Kwaku Amankwa in 1951. Representatives of the then head of family and Defendant subjected themselves to an arbitration before the Omanhene of Otwereso and other chiefs. Of the rival accounts given, the arbitration panel accepted the version that, Defendant’s father was a native of Nkonya where inheritance is patrilineal. Though the arbitration panel observed that all the properties could be given to Defendant under the patrilineal system of inheritance, an award was made for Defendant to be given one-third (⅓) of her father’s land in dispute together with other properties, and two-thirds (⅔) to be given to the Plaintiff’s family, plus other properties. A couple of months later, Plaintiff challenged the award on the basis that, the decision of the arbitrators was based