BANAHENE v. ADINKRA AND OTHERS

The Ghana Court of Appeal, per Anin J.A., allowed the second appeal by Banahene, who sued as the customary successor to his late uncle, Kwadwo Asante of Ayirebi, for declaration of title and recovery of possession of three ancestral Bretuo family farms. The District Court Grade II had accepted evidence that a family meeting, attended by principal Bretuo members and chaired by the Gyasehene, elected Banahene and that he accepted the office by rendering customary thanks (schnapps and cash). The Cape Coast High Court reversed, posing extraneous “vital issues” and faulting proof. Anin J.A. held the trial magistrate’s factual findings were supported—especially by admissions from the defendants’ own witness—and found the High Court erred by creating irrelevant issues and misapplying Re Dua Agyeman. Reaffirming corroboration and burden principles, he characterized defendants as mere caretakers lacking beneficial possession and upheld the successor’s authority to control, manage, and recover the ancestral property, thus allowing the appeal.