2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Emmanuel Yaw Kumi, claiming to be customary successor of the late Opanin Kwasi Asante, pursued litigation over alleged family properties and the validity of Kwasi Asante’s will. After an initial suit against Akosua Donkor was dismissed for suing the wrong party, Kumi sued executors Kofi Ansa, Rev. Father Robert Kwarteng, and Stephen Asante to revoke probate, and later sued Yaw Peter, Kwasi Paul, Yaa Donkor, and Anthony Kwabena Asante for declarations that several houses, cocoa farms, and bank accounts belonged to his maternal family. The latter suits were consolidated. In 2011, Kumi sought judgment on admissions; the High Court entered judgment in 2012 granting all reliefs. The defendants successfully appealed; the Court of Appeal set aside the judgment. In the Supreme Court, Asiedu JSC held that the defendants had specifically traversed the plaintiff’s allegations; no clear admissions justified snap judgment, declaratory relief required proof and should not be granted by motion, and consolidated suits must be determined together. The Court affirmed the Court of Appeal, dismissed Kumi’s appeal, and remitted the case for trial.
ASIEDU JSC:
[1]. This appeal is against the judgment of the Court of Appeal, Kumasi
delivered on the 18th day of December 2018. On 19th December 2006,
Emmanuel Yaw Kumi, who claims to be a lawyer and a customary successor
of the late Opanin Kwasi Asante, for himself and on behalf of his maternal
family, sued Akosua Donkor alias Maame Donkor in Suit No. C1/59/07 at the
High Court Sunyani for a declaration, among others, that House No. SE.78
Sunyani, AB 27 Dormaa Ahenkro, Estate House No. 14, Sunyani and other
properties are all plaintiff’s maternal family properties and that the
deceased, the late Opanin Kwasi Asante had no power or right in law to
dispose of, devise or give same or portions of the said properties to any
person in his alleged will. The Defendant caused a conditional appearance to
be entered on her behalf and subsequently filed an application for the action
to be dismissed. On the 9th May 2007, the High Court, Sunyani, holding that
the Plaintiff’s claim was essentially one relating to the validity of a Will,
dismissed the action for the reason that the right person had not been sued.
Unperturbed, Emmanuel Yaw Kumi, suing as customary successor of the late
Kwasi Asante, for himself and his maternal family, filed another action in Suit
No. C7/23/07 against Kofi Ansa, Rev. Father Robert Kwarteng and Stephen
Asante as executors, claiming against them, jointly and severally, an order
revoking the probate of the will of the late Kwasi Asante granted on the 21st
May 2007, on the grounds that the said will was a forgery and invalid in law.
The writ which was filed in the High Court, Sunyani on the 1st June 2007, was
accompanied by a statement of claim. The defendants also filed their
statement of defence. Almost a year after the institution of this action, the
Plaintiff filed, yet, another suit No. C7/13/08 against Yaw Peter, Kwasi Paul,
Yaa Donkor and Anthony Kwabena Asante. This action sought a declaration
that certain houses and cocoa farms, farm lands, furniture, cloths, kente and
other properties left behind by Kwasi Asante (deceased) and bank accounts
in the name of Kwasi Asante (deceased) are the family properties of the
Plaintiff’s maternal family. The defendants filed their statement of defence.
The two suits were later consolidated upon an application by the Plaintiff.
[2]. On the 11th November 2011, the Plaintiff in the two consolidated suits
filed a motion on notice for judgment on admission. The moti