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SARPONG v. YENTUMI & ANOR

June 1, 1969

HIGH COURT

GHANA

CORAM

  • OLLENNU J

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

OLLENNU J addressed an appeal in a dispute over a farm’s ownership and possession. The plaintiff traced his claim to Dentah, with succession through Afua to Kwame Antwi, and described how Afua brought her clanswoman Gyeiwah to Asokere as caretaker without a customary gift. He recounted that Antwi allowed Afua Sarpong, Gyeiwah’s successor, to stay in possession and, when ill, told the 2nd defendant he would dispose of the farm to fund medical care. The defendants asserted that Gyeiwah herself first cultivated the forest, was succeeded by Afua Sarpong, and that the 1st defendant is the present successor. Applying a clear distinction, the court held this is not a succession case but a claim to ownership, possession and occupation of land, and affirmed appellate jurisdiction. On capacity, the court ruled that unchallenged evidence of representative capacity is presumed admitted, making it too late to contest the plaintiff’s capacity.

JUDGMENT