KWASI ADAI-KOMFUO NANA v. KWAKU ASSEMAH AND KWAME NATWI

This case revolves around the sale of a family property (a cocoa farm) by the 1st defendant, who occupied a family fetish stool. The Appellant challenged this sale in the Native Court, which ruled in their favor, stating that the property was family-owned and couldn't be sold by the 1st defendant alone. The 2nd defendant appealed to the Native Appeal Court, which, while agreeing on the family nature of the property, validated the sale based on it being witnessed by Kojo Andoh, described as the 1st defendant's next of kin. However, the higher court found this reasoning flawed. The court pointed out that the Deed of Conveyance described the property as belonging to the 1st defendant personally, not as family property. Therefore, Andoh could not have witnessed it as a family property sale. The court also questioned whether one family member's witness would be sufficient even if it had been sold as family property. Consequently, the appeal was allowed, the Native Appeal Court's judgment was set aside, and the original Native Court of Offinso's judgment was restored. The appellant was awarded costs for both this court and the Native Appeal Court.