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KYIAFI v. WONO

July 3, 1967

COURT OF APPEAL

GHANA

CORAM

  • OLLENNU
  • AZU CRABBE
  • APALOO JJ.A

Areas of Law

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

AI Generated Summary

The Court of Appeal, per Ollennu J.A., affirmed a High Court judgment arising from a matrimonial dispute over a farm at Nkonsia. During a customary-law marriage of about twenty years, the husband created two farms, gifting the Ampontua-Kwayem farm to his wife but only permitting her to occupy a partitioned portion of the Nkonsia farm. After the marriage was dissolved in April 1961, he sought return of that portion; he says she agreed before the arbitrators and both paid the arbitration fee. The wife maintained the Nkonsia farm was her self-acquired property cultivated with hired labour. The trial judge found the husband’s account credible and held there was no gift. On appeal, the wife argued the judgment was against the weight of evidence and that long occupation and improvements proved a gift, and sought a retrial. Applying settled appellate standards and property principles, the Court of Appeal rejected these arguments and dismissed the appeal, making no order as to costs.

JUDGMENT