AKROFI v. OTENGE AND ANOTHER

Adade J.S.C. delivered the principal opinion in a further appeal to the Supreme Court of Ghana concerning a farm at Asempaneye sold by public auction to satisfy a judgment against Lawrence Mark Gyewu, the chief of Larteh and Benkumhene. The plaintiff, asserting he was head of the Okanta family of Larteh-Akwapim, sought declarations of family title, recovery, injunction, accounts, and to set aside the sale, arguing the property was family-owned and not liable for Gyewu’s personal debts. The High Court granted title, possession and injunction but refused accounts and to set aside the sale; the Court of Appeal (2–1) reversed, finding the farm was not family property. On further appeal, the Supreme Court held the plaintiff had proven capacity as head of family through credible testimony, but failed to meet the high evidentiary threshold to establish family ownership. Noting Gyewu’s long possession, pledges, loan transactions, and conduct suggesting collusion—together with the absence of corroboration from local witnesses or sales records—the court found the farm was Gyewu’s personal property and that the auction sale was regular and independent of the purchaser’s loan to Gyewu. The appeal was dismissed, with Sowah C.J., Francois J.S.C., Osei-Hwere J.A., and Ampiah J.A. concurring.