BUDU v. AMPONSAH AND OTHERS

Amma Amponsah sought declarations, possession and an injunction to administer and enjoy properties she said belonged to the self‑acquired estate of her late grandfather, Opanin Kofi Owusu. The High Court at Koforidua granted her claim and dismissed a counterclaim by Kofi Owusu’s nephew, Kwadwo Budu. On appeal, Lamptey J.A., writing for the Court of Appeal, emphasized that all parties agreed Kofi Owusu belonged to the Guan community where succession is patrilineal. Because Kofi Owusu had no male children, his grandchildren through daughters were members of the patrilineal families of their respective fathers and not of Kofi Owusu’s family. Relying on Addo v. Manko and Bentsi‑Enchill’s Ghana Land Law, the court held Budu, as son of Kofi Owusu’s uterine brother, was within the deceased’s patrilineal family and entitled to beneficial enjoyment of the self‑acquired property. The Court of Appeal set aside the High Court’s declaration, dismissed Amponsah’s claim, allowed the appeal, and entered judgment for Budu on his counterclaim, with Osei‑Hwere J.A. and Essiem J.A. concurring.