OPANIN KWAKU DUAH & ORS v. PETER KOFI OKYERE & ORS

AMADU JSC:-

INTRODUCTION:

(1)The parties to this appeal are all members of the Ekuona Family of Ntonso, Ashanti. The dispute between them pertains to the ownership of three properties-House No.KO.60, Ashanti New Town, Kumasi; House No.019, Block 8, Ashanti New Town, Kumasi and a Cocoa Farm at Abrewapomaah.

(2)While the Appellants claim that the aforementioned properties are family properties belonging to the Ekuona Family of Ntonso, the Respondents contend that, the properties are the personally acquired properties of their deceased father, Akwasi Okyere.

(3)Fortified by their claims, the Appellants contend that, being family properties, the Respondents’ deceased father could not have devised same under his last will and testament dated 30th January, 1995. Conversely, the Respondents maintain that, their late father had the right to devise the properties which were personally acquired and owned by him.

(4)This appeal therefore emanates from the judgment of the Court of Appeal Kumasi, dated the 3rd of July, 2020, which affirmed the judgment of the High Court, Kumasi, dated the 17th of November, 2016. The decisions of the two lower courts pronounced the properties, the subject matters in dispute as the personally acquired properties of Akwasi Okyere (deceased) and not the family properties of the Ekuona Family of Ntonsu, Ashanti.

(5)Undoubtedly therefore, the key issue for in our determination of this appeal is whether the properties in dispute are family properties of the Ekuona Family of Ntonso, Ashanti, or the personal properties of the late Akwasi Okyere at the time of his death.

(6)In deciding this appeal, we are mindful of our duty to undertake a thorough examination of the entire record of appeal in order to determine whether the two lower courts properly evaluated the evidence adduced at the trial and had correctly applied the relevant law. This duty is particularly enabling, when the Appellants have grounded the appeal on the omnibus ground of appeal that the judgment of the Trial Court which was affirmed by the Court of Appeal is against the weight of evidence.

BACKGROUND

(7)On the 13th of December 2012, the Appellants caused to be issued out of the Registry of the High Court Kumasi, a writ of summons accompanied by a statement of claim for the following reliefs :

(a)A declaration that House Nos. K.O.60, Ashanti New

Town, Kumasi, O.I. Plot 9 Block 8 Ashanti New Town Kumasi and the Cocoa Farm at Abrewapomaah Akura sharing boundaries with