KWASI BUADU PER KWAME MANU v. YAA SAAH

Judgment:

I have considered whether or not this is a " succession" case. After reading the record I have reached the conclusion that the issue is whether or not Yaa Saah should in equity receive a share of the farms and of the proceeds of the farms, because she looked after the dead man when he was sick. This is not a matter of succession, Buadu is recognised by all as the correct one to succeed and it follows that the "A" Court had jurisdiction.

The "A" which heard the appeal from the "B" Court listened to no further evidence yet they reversed a finding of the " B " Court on a point of fact. In my view the "B" Court view that Yaa Saah could not prove that she assisted in the making of the farm must stand.

It follows then that any claim she may have would arise out of the fact that when the dead man was ill she looked after him. Both Courts agree that native custom allows that she should receive consideration for this from the dead man's property.

As already stated the "A" Court should not in my opinion have decided that Yaa Saa had any claim for having helped make the farm.

It follows that there was no basis upon which they should nave increased her share.

The appeal is allowed and the judgment of the "B" Court restored. Costs to Appellant.