OMANE AND ANOTHER v. POKU AND ANOTHER

The dispute in this action revolves around one Kofi Boakye, a national of the Ivory Coast, who came to Ghana more than 60 years ago, lived here and married here and also acquired property and died here. Kofi Boakye, it is admitted, died in about August or September 1965. He left property including cocoa farms. Two of these cocoa farms form the subject-matter of this action.

Almost immediately after his death, rival claims were made in respect of his estate and since the contestants were unable, after certain preliminary skirmishes, to settle their differences, one of them, Opanin Kwaku Omane sued the other Barima Kwasi Poku, claiming as successor of the late Kofi Boakye, a declaration of title to the two cocoa farms, particulars of which appear on the writ of summons, and also for a perpetual injunction and for further reliefs. These farms are at Apatriatom on Nerebehi stool land and are said to have boundaries in the one case with Kofi Siriboe, Afua Dokyiwah, Kofi Boakye, Kojo Addai and Kwabena Akuto and in the other with Kojo Dagarti, Abena Kobi, Kojo Anka and Kwaku Manu.

The plaintiff says in his statement of claim that he lives at Kona, where the late Kofi Boakye lived for many years and up to his death.

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He claims to be a cousin of Kofi Boakye and that they both hailed from the Ivory Coast. The statement of claim states further:

"(4) The said late Kofi Boakye and the plaintiff have lived in this country for over 60 years and have become part of the family of the Bretuo clan in Kona.

(5) The said Kofi Boakye died about four months ago and by a unanimous decision of the entire family plaintiff was elected customary successor.

(6) Accordingly plaintiff was given possession of the estate of the late Boakye including the two farms the subject-matter of this action.

(7) Plaintiff paid the customary drink of £G4 13s. to seal his successorship."

These paragraphs in the statement of claim set out the basis of the plaintiff's claim to title. The claim admits that Kofi Boakye was an Ivory Coast national at all times and the plaintiff's own position is no different. The plaintiff contends, however, that Boakye lived in this country for over 60 years and both of them became part of the family of the Bretuo clan in Kona. It was that family that appointed the plaintiff successor to Kofi Boakye.

The defendant in his pleadings denies all the material averments of the plaintiff and puts the plaintiff to strict proof of these averments. He admits that