AMA DUAKO AND OTHERS v. YAO ADDO, ON BEHALF OF HIMSELF, BROTHERS AND SISTERS NAMELY AKUA OHENWA and others
1948
HIGH COURT
GHANA
CORAM
- QUASHIE-IDUN, J
Areas of Law
- Property and Real Estate Law
- Probate and Succession
1948
HIGH COURT
GHANA
CORAM
AI Generated Summary
Quashie-Idun, J., addresses whether the deceased, Yao Adjekum, effectively made an absolute gift of land to his sisters under Guan custom or only a life interest. Adjekum acquired property with the assistance of his mother and sisters, then granted land to his sisters and nephews. After the children’s protest, the Chief and Elders of Mamfe left Kokooso and Asuboi lands with the sisters and deprived the nephews of their grants, also allocating portions to the children. In 1924, the Tribunal of the Omanhene of Akim Abuakwa, presided by Nana Sir Ofori Atta, ruled in favor of the defendants and observed that Adjekum acted to secure peace after death. Accepting evidence on Guan custom, the court holds that while consent of children is typically required, Adjekum later complied with custom by taking the dispute before elders, who ratified the gifts. The court rejects reliance on Adjekum’s later statement before the Omanhene of Akwapim. The appeal is dismissed and the Native Court’s judgment is upheld.
Judgment:
The important issues involved in this appeal are the following:-
(a) Whether the deceased, Adjekum, in his life time made an absolute gift of the lands in dispute to his sisters in accordance with Guan Custom.
(b) Whether if he did not make the gift in accordance with Guan Custom the grant to his sisters created only a life interest in the property.
The facts of the case are not very much in dispute. The deceased Adjekum acquired certain properties with the financial assistance of his mother and also with the assistance of labour by his sisters. He granted some of the properties so acquired to his sisters and to his nephews. A protest was made by his children and the matter was eventually taken before the Chief and the Elders of Mamfe who decided that the lands known as Kokooso land and Asuboi land granted to the sisters should remain in their possession and that the nephews should be deprived of the lands granted to them. It is important to note that at the meeting the children were only able to upset their father's gift of the portion of the land to his nephews.
It is equally important to note that the meeting decided upon what properties should be included in the portion of the properties which should go to the children. It seems to me that in making the distribution the Chief and the Elders of Mamfe who must be deemed to know the Guan Custom were ratifying the grant which Adjekum had previously made without the knowledge and consent of his children to his sisters.
In 1924, Yao Dabiete, a son of Yao Adjekum, on behalf of himself and his brothers sued the plaintiff Ama Duako and others claiming a revocation of the gift made by Yao Adjekum to his sisters on the ground that it was contrary to Native Custom. The case was heard by the Tribunal of the Omanhene of Akim Abuakwa presided over by the late Nana Sir Ofori Atta.
In that case Yao Adjekum himself gave evidence and supported the contention of the defendants that he had acquired those properties through the assistance of his mother's family and that he had made the gift to his sisters.
The Tribunal gave judgment in favour of the defendant in that case and made the following observation in their judgment:-
"In our opinion it is the person who wants peace after his death who would do what Yao Adjekum had done."
It is contended on behalf of the appellants that the judgment of the Omanhene of Akim Abuakwa did not establish that the grant was an absolute gift to Adjekum's sisters and thei