KWAKYE v. TUBA AND OTHERS

OLLENNU J adjudicated a dispute over land and a farm at Bukruwa in Kwahu brought by the successor of Kwasi Kumah of Asokore, New Juabeng, against the children of Kumah’s elder brother, Kwasi Panin. After assuming office, the plaintiff allowed the defendants to manage the farm in return for one-third of the proceeds, but they later repudiated the agreement, denied his title, expelled his caretaker, and occupied the property. The defence argued the plaintiff was not the successor, that a uterine brother had an exclusive right, and that Islamic law governed succession because Kumah was Muslim. The court found the plaintiff’s appointment valid, holding that succession is determined under customary law unless a registered Mohammedan marriage brings Islamic law into play. The meeting was properly constituted, no individual has vested succession rights, and the defendants have no interest in Kumah’s estate. The court granted a declaration of title, injunction, accounting of proceeds and mesne profits, and costs.