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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

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