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KOFI AKO AND KWABENA ADJEA

1936

COURT OF APPEAL

GHANA

CORAM

  • KINGDON, C.J.
  • NIGERIA
  • PETRIDES
  • C.J.
  • GOLD COAST
  • WEBBER
  • C.J.
  • SIERRA LEONE

Areas of Law

  • Civil Procedure
  • Probate and Succession

AI Generated Summary

A joint bench comprising Kingdon, C.J. (Nigeria), Petrides, C.J. (Gold Coast), and Webber, C.J. (Sierra Leone) addressed an objection to the jurisdiction of the Tribunal of the Paramount Chief of Akwapim. The objection asserted that because the property was situated at Dodowa outside Akwapim, the tribunal lacked authority. The Court distinguished between disputes over ownership, possession, or occupation of land, which would lie outside Akwapims jurisdiction if the land were in another State, and succession to property. Respondents counsel argued the matter concerned succession to the estate of a deceased native with a fixed place of abode in Akwapim and cited section 43(1)(g) of the Native Administration Ordinance, Cap. 111. The appellant acknowledged the succession character but invoked a recent contrary decision (Amma Dua v. Kwaku Kwamina). Emphasizing that the present controversy is about succession and noting expert evidence on Guan Division customary law, the Court overruled the jurisdictional objection.