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FORIWAAH v. FORDWUO

August 6, 1968

COURT OF APPEAL

CORAM

  • Apaloo
  • Lassey JJ.A
  • Akufo-Addo C.J

Areas of Law

  • Probate and Succession
  • Property and Real Estate Law
  • Evidence Law

AI Generated Summary

On appeal, a bench including Chief Justice Akufo-Addo, Justice Lassey, and Justice Apaloo considered a dispute within the Boatemaa family over an alleged agreement to divide Xs cocoa farms between two branches, a step that would sever longstanding family ties under Ashanti customary law. Lassey J.A concurred with the lower courts decision, emphasizing that such divisions demand strict proof of the necessary customary rites and informed consent by all sections of the family, proof which was absent. Apaloo J.A cautioned against deciding succession issues by relying on Sarbahs Fanti Customary Laws, explaining that Ashanti custom differs and that uterine brothers and sisters precede nephews. He supported this with Dr. Aboagyes thesis and the decisions in Frimpong v Kontoh and Re Dua Agyeman. The court unanimously affirmed that the agreement to share was not conclusively proven and clarified the applicable Ashanti succession rule.

JUDGMENT