Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

KWAKU ADDO v. GODFRED AGYEDO BOADI & OTHERS

2019

COURT OF APPEAL

GHANA

CORAM

  • F. G KORBIEH, JA (PRESIDING)
  • M. M. AGYEMANG (MRS.), JA
  • M. A. WOOD (MRS.), JA

Areas of Law

  • Customary Law
  • Succession Law
  • Arbitration Law

AI Generated Summary

This case involves an appeal against a High Court judgment that upheld the redistribution of a deceased person's estate by a traditional arbitration panel. The Court of Appeal allowed the appeal, finding that the arbitration panel lacked jurisdiction to redistribute the estate. Key issues included the application of customary law in matrilineal succession, the validity of customary arbitration, and the retroactive application of statutory law (PNDCL 111). The court emphasized the importance of jurisdiction in customary arbitration and held that the panel could not apply PNDCL 111 to an estate of a person who died before the law came into effect. The judgment underscores the continued relevance of customary law in matters of succession and arbitration, while also highlighting the limits of traditional authorities' jurisdiction in such matters.

JUDGMENT