FIRI v. FRIMPONG
1982
COURT OF APPEAL
GHANA
CORAM
- COUSSEY JJ.A.
- EDWARD WIREDU
- FRANCOIS
Areas of Law
- Property and Real Estate Law
- Probate and Succession
- Civil Procedure
1982
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal arose from a family dispute within the Adaati family of Takyiman over two houses, D/16 and D/27, previously enjoyed by the late Kwaku Twi. The plaintiff, now the Adaatihene and Twi’s customary successor, sought declarations and possession; the defendant, an acting head of the wider family, resisted, and the co‑defendant Abena Gyato asserted a gift of D/27. The trial judge granted the plaintiff relief over D/16 (as a stool house) and rejected the claim to D/27, mistakenly referring to a counterclaim. On appeal, Francois J.A. (presiding) held that both houses remained family property but must be handed to the plaintiff as customary successor, rejecting any conversion into stool property from the temporary relocation of stool regalia. Coussey J.A. concurred. Wiredu J.A. dissented. The Court of Appeal dismissed the appeal and varied the judgment to declare both houses for the plaintiff as successor.
JUDGMENT OF EDWARD WIREDU J.A
The parties to this appeal are members of the Adaati family of Takyiman in the Brong-Ahafo Region. The family owns a stool the occupant of which is the linguist to the Takyimanhene. The respondent to this appeal is the present occupant of the Adaati family stool, having succeeded thereto on the death of one Kwaku Twi a member of the family. The name of Kwaku Twi appears prominently in this case and the central core of this appeal revolves around his activities in relation to the disputed house during his lifetime. The defendant-appellant (hereinafter referred to as the [p.180] defendant) claims to be the head of family. His capacity in this regard was challenged by the plaintiff-respondent (hereinafter referred to as the plaintiff) but the trial court found that he had been performing most of the duties of a head of family and styled him as acting head of family. The co-defendant-appellant (hereinafter referred to as the co-defendant) is an ordinary member of the family.
The dispute between them is about the status of two houses which according to the plaintiff, were in the possession and occupation of his predecessor, the late Kwaku Twi. These houses are situate at Takyiman and are numbered D/16 and D/27, respectively. The two disputed houses are family properties having been built by deceased members of the family who died intestate. The plaintiff's claim as indorsed on his writ reads:
"STATEMENT OF CLAIM
The plaintiff's claim is for:
1. A declaration of title and recovery of possession of the following houses,
(a) house No. D/16 at Takyiman being self-acquired property of the late Kwaku Twi, bounded by the houses of Yaw Firi, Nana Kwesi Tabiri, Akosua Noa and the Dwemer Street, and
(b) house No. D/27 at Takyiman bounded by the house of Kwabena Ameyaw, Kwadwo Fordjour, Opanin Akwa and the Dwemer Street being a family property which was inherited by the late Kwaku Twi who was succeeded by the plaintiff, which houses the defendant refused to hand over to the plaintiff who is the customary successor to the late Kwaku Twi both in his personal capacity and as the Adaatihene of Takyiman.
2. Perpetual injunction to restrain the defendant from collecting the monthly rents of the said houses".
In his pleadings the plaintiff claimed to have succeeded the late Kwaku Twi both in his personal capacity and in his capacity as the Adaatihene. His evidence in relation to the disputed houses, however, showed that his claim to the