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BADU AND ANOTHER v. KRA

May 9, 1991

COURT OF APPEAL

GHANA

CORAM

  • LAMPTEY
  • ESSIEM
  • OFORI-BOATENG JJA

Areas of Law

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

AI Generated Summary

Essiem JA, writing for a three-judge Court of Appeal panel, resolved a dispute over house No. NT 78 in Akim Oda. The plaintiff, one of the children of the late Kwaku Abeh, claimed the house was self-acquired and left to Abeh’s children under a will. The defendants, Abeh’s nephews, argued the house was family property because Abeh’s trading and transport businesses drew funds from inherited farms. Although the family protested the reading of the will at Ofoase, it was later read at the High Court, Koforidua, and the plaintiff obtained letters of administration with will annexed. The record showed Abeh acquired the land from the Omanhene of Oda, built the house, and enjoyed it as his own. Applying Boateng alias Beyeden v Adjei, the court affirmed that self-acquired property does not merge into family or stool property by reason of inheritance or status. It dismissed the appeal, rejected the evidentiary challenge to the letters, and declined to order a retrial.

JUDGMENT