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Kwaku Ameyaw v. Dr. Francis Osafo-Mensah & Ors

2021

COURT OF APPEAL

GHANA

CORAM

  • Sowah, J.A. (PRESIDING)
  • Oppong, J.A.
  • Mensah-Homiah, J.A

Areas of Law

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

AI Generated Summary

This appeal from the High Court, Nkawkaw, concerns the administration of the estate of Opanin Kofi Siaw and the leadership of the Anima-Afi Aduana Royal family of Obo-Kwahu. The two consolidated suits pitted Kwaku Ameyaw and the defendants in the second suit on one side against Dr. Osafo-Mensah (the executor) and Ebusuapanin Nana Yaw Boateng on the other. Ameyaw sought vesting and accounts on behalf of the immediate maternal family/gate, while Boateng claimed to be the overall family head. The trial court found Ameyaw to be the customary successor with capacity, held Boateng had been removed per custom, ordered accounts against the executor, and declared Kofi Ofori head of family since November 2009. On appeal, arguments that the claims were statute-barred, that adverse possession applied, and that capacity and removal were improper were rejected. The Court of Appeal dismissed the appeal, varying only the accounting period (August 2003–22 June 2011) because the executor had been removed in 2011.