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AGYENIM BOATENG v. AKWASI OFORI AKOSUA YEBOAH

May 5, 2010

SUPREME COURT

GHANA

CORAM

  • ATUGUBA, JSC (PRESIDING)
  • DATE-BAH (DR), JSC
  • ANSAH, JSC
  • ARYEETEY, JSC
  • GBADEGBE, JSC

Areas of Law

  • Property and Real Estate Law
  • Probate and Succession
  • Civil Procedure

AI Generated Summary

This Ghana Supreme Court judgment, authored by Aryeetey JSC, concerns ownership and succession rights over House No. KO 47, Kumasi, within the Akua Anokyewaa family of Mpatuam. The plaintiff, acting as family head, claimed a declaration that KO 47 is family property and sought an injunction against interference by defendants from the Amma Biyaa branch. The narrative shows that in about 1934, uncle Kwasi Teppa purchased KO 47 under a mortgagee’s power of sale but registered it in nephew Kwasi Wono’s name; the uncles and their families immediately occupied and controlled the property, while Wono had nothing to do with it until later when he became successor. The trial court found Wono a nominal purchaser and Teppa the real owner, granting relief to the plaintiff. The Court of Appeal majority reversed, deeming Wono the legal and beneficial owner whose immediate family should succeed. Applying settled appellate constraints on disturbing primary factual findings, the Supreme Court allowed the appeal, set aside the Court of Appeal’s judgment, and entered judgment for the plaintiff, confirming KO 47 as family property.

JUDGMENT