NANA NGOA ANYIMAA KODOM II v. LYDIA ANANE & ANOTHER
2012
COURT OF APPEAL
GHANA
CORAM
- MARFUL –SAU, JA (PRESIDING)
- HONYENUGA, JA
- BENSON, J
Areas of Law
- Probate and Succession
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Marful-Sau JA, presiding in the Court of Appeal with Honyenuga JA and Benson J, affirmed dismissal of an action concerning inheritance and family property arising in Bibiani and Dominibo No. 1. The respondents, children of the late Nana Kofi Ngoa III (alias Nana Kofi Anane), sought Letters of Administration listing two cocoa farms and an unnumbered Bibiani house as the deceaseds personal assets. The appellant, later recognized as Chief of Bibiani and Krontihene after government withdrew the deceaseds chieftaincy recognition in March 1992, sued claiming the assets belonged to the Aduana family and pleaded he was the deceaseds customary successor. On appeal, the court held the appellant failed to prove he was duly appointed customary successor or head of family, and the necessity doctrine did not permit him to bypass the family head. The panel thus dismissed the appeal and declined to reach the merits on property ownership, while correcting the High Courts error of entering judgment for respondents despite no counterclaim.
MARFUL-SAU, JA :-
This is an appeal from the judgment of the High Court sitting at Sefwi- Wiawso dated the 3rd of December 2009 which dismissed the action by the plaintiff herein referred to as the appellant. The brief facts of the case are that the defendants to be referred to as respondents applied for the grant of Letters of Administration of the estate of their deceased father Nana Kofi Ngoa III, also known as Nana Kofi Anane. In the application the respondents listed two cocoa farms all situate at Dominibo No. 1 and an unnumbered building on a plot of land at Bibiani as personal properties of their deceased father. The appellant challenged the inclusion of the said properties in the inventory filed in support of the application for the Letters of Administration.
Consequently, the appellant caused a writ to be issued against the respondents claiming that the two cocoa farms and the unnumbered building were properties belonging to the Aduana family of Kyekyewere or Adenkye. At the end of the trial the court found that the properties were self acquired by respondents late father Nana Kofi Ngoa III, who was the Chief of Bibiani and the Krontihene of the Sefwi – Anhwiaso Traditional Area. From the record in March 1992, the government withdrew the recognition of some chiefs including respondents’ deceased father and he was succeeded by the appellant as the Chief of Bibiani and the Krontihene of the Sefwi –Anhwiaso Traditional Area.
The appellant dissatisfied with the judgment has appealed to this court urging the court to reverse the judgment in his favour. The original Notice of Appeal had one ground to wit that the judgment was against the weight of evidence. By the leave of this court the appellant filed and argued additional grounds namely:-
a) The trial court erred when it held that plaintiff lacked capacity to institute the action.
b) The court erred when it held that the disputed cocoa farms were the self acquired properties of the deceased Nana Kofi Ngoa III alias Nana Kofi Anane.
c) The trial court erred when it failed to find that the farms in dispute are family properties of the plaintiff/ appellant.
d) The trial court erred when it held that the unnumbered building in dispute is the self acquired property of Nana Kofi Ngoa III, alias Nana Kofi Anane.
e) The trial court erred when it failed to find that the unnumbered building in dispute is the property of the plaintiff/appellant.
The above grounds from their formulation could be reduced