EDAH v. HUSSEY

In a dispute over ancestral land at Avoeme-Aflao in the Hussey family among the Ewe, the plaintiff-respondent, claiming to be Hussey’s grandson, sought declaration of title, possession, damages and an injunction against the defendant-appellant, whom he described as descended from Edah, a slave adopted into the family. The parties agreed the contested property was the unallocated ancestral portion of Hussey’s land, previously given to van-Lare and retrieved from Wilhemina van-Lare, and traditionally controlled by heads of family. On appeal from a trial judgment favoring the plaintiff’s “better right” to succeed, Ampiah J.A. held that under Ghanaian customary law only a family council may appoint a successor/head, that a predecessor cannot appoint his successor, and that adoption renders descendants eligible despite historical slave status. The court found the defendant had been appointed head by the elders after Agbagba’s death and that the plaintiff’s farming and reliance on powers of attorney did not amount to acclamation or acknowledgement of headship. Concluding that the plaintiff failed to prove invalidity of the defendant’s appointment or beneficial enjoyment entitling him to title, the Court of Appeal set aside the judgment below and allowed the appeal, with Osei-Hwere and Essiem JJ.A. concurring.