AFUA KOSIA AND OTHER v. KWADJO NIMO, SUCCESSOR OF THE LATE YAW BIO and YAW AMPONSA
1950
HIGH COURT
GHANA
CORAM
- JACKSON, J
Areas of Law
- Probate and Succession
- Civil Procedure
1950
HIGH COURT
GHANA
CORAM
AI Generated Summary
This appeal arises from a dispute over two cocoa farms of the late Yaw Bio in Juaben, Ashanti. Afua Kosia, his customary-law wife, and their six children sought a share—phrased as two-thirds or such share as sanctioned by the Ashanti Confederacy Council—relying on their assistance in making and cultivating the farms. The Juaben Native Court awarded a one-third share based on a 21 February 1948 minute of the Ashanti Confederacy Council. The defendant, Yaw Bio’s matrilineal successor, appealed to the Asantehene’s Court of Grade “A”, which dismissed the appeal by invoking equity even while recognizing the minute lacked approval. On further appeal, Jackson, J held that Ashanti inheritance is strictly matrilineal, that Native Courts must administer established law, that the Confederacy Council may only recommend and cannot “rule,” and that equity follows the law. He allowed the appeal, set aside the Native Courts’ judgments, and entered judgment for the defendant with costs.
Judgment:
The claim made by the plaintiffs-respondents in the Juaben Native Court against the defendant was for-
"two-thirds share or such share as by the Ashanti Confederacy Council
sanctioned of two (2) cocoa farms of the late Yaw Bio
The plaintiff, Afua Kosia, was married by customary law to the late Yaw Bio. The issue of that marriage are the other six plaintiffs-respondents. The Juaben Native Court found it established by the evidence that the respondents had assisted the late Yaw Bio in making and cultivating the farms claimed in the writ, and held that by reason of a decision given by the Ashanti Confederacy Council on the 21st February, 1948 that the respondents were entitled to a one-third share in the cocoa farms of the late Yaw Bio, and entered judgment for the respondents with costs.
From this judgment the defendant appealed to the Asantehene's Court of Grade "A" on the grounds broadly that the judgment was contrary to Akan Native Law and Custom whereby a wife and children may not inherit the estate of the husband and father, and that the defendant-appellant as the "successor" in the matrilineal line was entitled to inherit the estate of his late uncle Yaw Bio.
The Native Appeal Court whilst holding that the decision given by the Ashanti Confederacy Council had not been approved in accordance with the terms of Ordinance No. 4/1940 dismissed the appeal on the grounds "the law of equity will apply in this case ".
Inheritance by Ashanti (or Akan Custom) is governed by the blood-tie which is traceable to the common female ancestress who founded that particular family group and that descent alone confers the right to inherit property. And when a man dies the person who inherits is sought among those most clearly related by blood to his mother, it may be a nephew or a brother, it can never be the wife or her children, who look for their rights of inheritance to their grand mother and her descendants. That is the Native Law and Custom and is the law which is administered by the Native Courts in Ashanti by reason of the provisions of Section 8 of the Native Court (Ashanti) Ordinance (Cap. 80).
On the 30th March, 1940 there came into force the Native Law and Custom (Ashanti Confederacy Council) Ordinance, 1940 (No. 4 of 1940) which provided for the:
"recording and declaration of native law and custom within the Ashanti Confederacy and for the modification of the same."
And by the provisions of Section 4 (1) of that Ordinance-
"The Confederacy