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
- Constitutional Law
- Civil Procedure
- Equity and Trusts
1950
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case concerns the application of Akan Native Law and Custom in matters of inheritance. The plaintiffs-respondents, consisting of the customary law wife and children of the late Yaw Bio, claimed a share in his cocoa farms. The lower courts ruled in their favor based on an unapproved 'ruling' by the Ashanti Confederacy Council and principles of equity. However, the appeal court found that the Ashanti Confederacy Council's 'ruling' had no legal effect as it was not approved by the Governor-in-Council as required by law. The court emphasized that inheritance under Akan Custom is strictly governed by blood-tie to the maternal line, and that equity cannot be used to override established native law and custom. The court allowed the appeal, setting aside the lower courts' judgments, and reaffirmed the primacy of established Native Law and Custom in matters of inheritance in Ashanti.
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