ADWOA KYEREWAA v. AKOSUA AKYAA AND ANOR. KOFI BOATENG
2004
COURT OF APPEAL
GHANA
CORAM
- Farkye, J.A. [Presiding]
- Akamba, J.A.
- Dotse, J.A
Areas of Law
- Probate and Succession
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2004
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal judgment, authored by Dotse, J.A., arises from a family dispute over an uncompleted house at Adweso-Koforidua. Adwoa Kyerewa sued her siblings and family representatives after her sister, the 1st Defendant, claimed exclusive ownership based on a purported gift from their late mother, Beatrice Asantewa, allegedly confirmed at a Kwabeng family meeting where "aseda" was given. The High Court declared the house to be the property of all five children, granted injunctive relief, and ordered distribution of the estate. On appeal, the Defendants challenged the representative capacity, the validity of the gift, and factual findings about construction and funding. The Court of Appeal rejected technical objections, found no valid gift inter vivos (emphasizing the need for formal acceptance and due publicity and scrutinizing inconsistent defense evidence), affirmed the trial court’s factual findings, and held the property fell into intestacy under PNDC Law 111. It varied only the distribution order, directing that letters of administration be obtained before distribution, and dismissed the appeal with costs, with Farkye, J.A. and Akamba, J.A. concurring.
JUDGMENT
DOTSE, J.A.
The facts of this case admit of no complexity whatsoever. Briefly stated, the facts of this Appeal are that, the Plaintiff/Respondent, hereinafter referred to as the Plaintiff, commenced action in the High Court, Koforidua against the Defendants/Appellants, hereinafter referred to as the Defendants.
The reliefs which the Plaintiff claimed against the Defendants in the trial court are as follows:—
(a) "A declaration that the uncompleted house at Adweso-Koforidua and the house at Kwabeng known as House No. B/107 the property of the late Afua Nkrumah alias Beatrice Asantewa is now the property of all her five children namely Adwoa Kyerewa alias Susuana Tufour Mrs.
Akosua Akyaa,
Kofi Boateng,
Kwasi Osei, and
Yaw Gyetua."
(b) An order of the court restraining the Defendants from dealing with the said houses as though they were the only owners."
(c) "An order of the court for the estate of the late Afua Nkrumah alias Beatrice Asantewa to be shared among all her five children namely Adwoa Kyerewa alias Susuana Tufour Mrs.
Akosua Akyaa,
Kofi Boateng,
Kwasi Osei, and
Yaw Gyetua."
It must be noted that, the Plaintiff herein and the 1st and 2nd Defendants are all children of one BEATRICE ASANTEWA—Deceased and OPANIN KWAME OPOKU also Deceased. In effect, what this means is that, Plaintiff, 1st and 2nd Defendants are all sisters and brother of the full blood.
The 3rd Defendant was sued because he was reputed to be the head of family of Beatrice Asantewa—Deceased, whilst 4th Defendant was sued as the customary successor of Opanin Kwame Opoku Deceased father of Plaintiff and the 1st and 2nd Defendants.
Whilst Opanin Kwame Opoku is reputed to have died in or about 1993 and was a cocoa farmer at the time of his death, Beatrice Asantewa died on 13-11-1998.
The facts further disclosed that, after the death of Asantewa, there was a family meeting at which the 1st Defendant was alleged to have informed the family that her Deceased mother had gifted to her the house at Koforidua as a result of which she was made to give "aseda."
However, the Defendants as per their amended Defence averred in paragraph 5 as follows:—
"Paragraphs 9 and 10 are all denied.
The Defendants admit, however that after the death of Beatrice Asantewaa the family confirmed the gift and the family, at a meeting at Kwabeng including the Plaintiff, accepted that there was in fact a gift of the house in dispute by Beatrice Asantewaa to the first defendant herein"
6.