JUDGMENT
MR. L. M. D. DE SILVA
This is an appeal from a judgment of the West African Court of Appeal (Lewey J.A. and Coussey J., Korsah J. dissenting) dated February 22, 1951, whereby that court dismissed the defendants' appeal from a judgment of the Supreme Court of the Gold Coast (Land Court) given on October 15, 1948, in the consolidated suits.
These suits concerned the ownership of a tract of land known as Awudome, which was the self-acquired property of one Manche Ankrah. He was one of the three sons of a woman named Amanua, the other two being Ayi and Okanta. Amanua had no daughter. What has to be determined is the succession to this land after the death of Manche Ankrah, who had not disposed of it during his lifetime.
It is common ground that the Ga customary law is applicable and that, as stated in Sarbah's Fanti Customary Laws, 2nd ed., p. 100, " the right of inheritance is only through the female," the pedigree being traced through the female line and that only while there ar…