2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal addressed a family succession dispute over H/No. B 455/21, North Kaneshie, the self‑acquired matrimonial home and business base of the late Kojo Amoah, a herbal medicine manufacturer. Amoah had distributed three Fadama houses among his wives—Aba Akorfuaa, Susanna Amoah, and Hanna Buckman—and their children during his lifetime, but left the North Kaneshie house undistributed. His nephew and niece, Patrick and Jemima, claimed he repeatedly declared that this house be given to them upon his death, and the High Court ordered the administrators to vest the property in them. On appeal, by majority (Acquaye JA and Dordzie JA), the Court dismissed the appeal, holding the declarations formed a valid customary nuncupative will and recognizing the respondents as children under customary adoption or PNDCL 111. The presiding judge, Akamba JA, dissented, finding the respondents’ witnesses not credible and allowing the appeal.
J U D G M E N T
K. A. ACQUAYE, J. A
This is an appeal against the judgment delivered on 18th June 2011 by an Accra High Court against the defendants/appellants.
The plaintiffs issued a writ of summons claiming against the four administrators of the late Kojo Amoah.
a) A declaration that the late Kojo Amoah in his life time told the plaintiffs and his family both immediate and extended that in appreciation of the financial assistance towards the putting up of House No. B 455/21, North Kaneshie by the late mother of the plaintiffs, the said house should be given to them.
b) An order directed at the defendants to vest House No. B 445/21 in the plaintiffs in accordance with the wishes and directives of the late Kojo Armah.
The plaintiffs/respondents case was that their late mother was the uterine sister of the late Kojo Amoah. Their mother died when they were young and Kojo Amoah adopted and took them to live with his wife and children in Accra. He looked after them as his children and when he could not afford financially to look after the 1st plaintiff/respondent at Emit School, he made him stop his education to become his driver in his business as a herbal medicine manufacturer and seller. In his life time Kojo Amoah built four houses in Accra and distributed three of them among three women with whom he had children. He told the women and his family members that the house in which they all lived House No. B. 455/21, North Kaneshie, should on his demise be given to the plaintiffs in view of financial assistance given him by plaintiff’s mother when he was building it. Upon the demise of Kojo Amoah the defendants who are the administrators of his estate have in spite of several protestation and pleas refused to vest the property in them but live therein whilst they have rented out the three houses given to them.
The defendants denied that the plaintiffs were customarily adopted by Kojo Amoah. They stated that at the time their mother, a charcoal seller died the 1st plaintiff was 19 years whilst the 2nd plaintiff was 11 years old and Kojo Amoah brought them to live with his three wives and 18 children in their matrimonial home at House No. B 455/21, North Kaneshie. They denied vehemently that Kojo Amoah ever said that the disputed house should be given to the plaintiffs. They testified that when the 4th defendant, a nephew and customary successor of Kojo Amoah was not cooperating with them as an administrator they met and distributed the estate, maintaini