ADJEI
V.
ASANTEWAH AND ANOTHER

(1961) JELR 63947 (HC)    
High Court  ·  31 Oct 1961 ·  Ghana
CORAM
OLLENNU J
Core Terms Beta
appellant
first respondent
gift
successor
dispute
kwaku sikayena
farm
family
evidence
head of the main family
property
second respondent
case
consent
customary law
local court
opanin kwame asante
local court magistrate
person
family property
head of the family
kwasi abokyi
late father
said sikayena
witnesses
appellant of the farm
appellant’s father
behalf of the first respondent
consent of the principal members of the family
evidence of the transaction
exceptional cases
father kwasi abokyi
form of alienation of family property
gift of the said farm
head of the family of sikayena
head of the immediate family
immediate family
late opanin kwaku sikayena’s self
necessary customary consent
oral evidence
original owner
possession of this portion
presence of the first respondent
principal members of the family
principal members of the family of the appellant
reason of the original owner
said kwasi abokyi
second respondent’s allegation
successor of part of the property
valid alienation of the property

OLLENNU, J.: This is an appeal from a judgment of the West Akim Abuakwa Local Court, delivered on the 21st March, 1961. The appellant, plaintiff in the local court, was the son of one Kwasi Abokyi, deceased. The said Kwasi Abokyi was succeeded by one Kwaku Sikayena, now deceased. The first respondent is the successor to the said Sikayena. The farm in dispute was cultivated by the appellant’s said father Kwasi Abokyi.

The case put up by the appellant in the local court is that his late father made a gift to him of a farm of which the farm in dispute is a portion. Upon Kwaku Sikayena succeeding Abokyi, he litigated with him and eventually deprived him, the appellant of the farm. Some time after the litigation had terminated, the appellant became reconciled to the said Sikayena, who as successor to the appellant’s father had by customary law come to be regarded as his father. He pacified Sikayena with a sheep. Thereupon Sikayena made a gift of the said farm to him, reserving to himself th…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login