GODFRED AGYEDOWA BOADI & 2 ORS
V.
KWAKU ADDO

(2025) JELR 114396 (SC)

Supreme Court 11 Jun 2025 Ghana
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- The dispute concerned the estate of Opanin Kwaku Boadi, who died intestate in 1962, with his property passing under Akan matrilineal customary law; the Plaintiff was his customary successor, while Defendants were some of his children. - D

Case Details

Suit Number:J4/52/2020
Judges:PWAMANG JSC PRESIDING, PROF. MENSA-BONSU (MRS) JSC, KULENDI JSC, DARKO ASARE JSC, ADJEI-FRIMPONG JSC
Counsel:A. A. SOMUAH ASAMOAH ESQ. FOR THE DEFENDANTS/RESPONDENTS/APPELLANTS WITH HIM JOSEPHINE BEMPA ESQ. AND KWEIKI ABLOSO ESQ. SIR S. ASANTE ANSONG ESQ. FOR THE PLAINTIFF/APPELLANT/ RESPONDENT. WITH HIM KOFI OWUSU-POKU ESQ.

JUDGMENT

ADJEI-FRIMPONG JSC: 

The subject of this appeal is not of any wide ambit. Following a dispute over the properties of one Opanin Kwaku Boadi (the deceased), the disputants appeared before the Kadehene and his elders in what ended up as customary arbitral proceedings. Upon the announcement of a decision after hearing, the losing side sought to reverse same in the High Court. What transpired has culminated in this appeal.

The deceased, late of Kade died in 1962. To date, his acquisition of a number of properties in his lifetime has suffered no viable debate. He died intestate. As an Akan from a matrilineal system, the question about the status of those properties upon his death is readily answered in law which we shall state in due course.

The 1st, 2nd and 3rd Defendants/Appellants/Respondents (herein Defendants) are some of his surviving children. The Plaintiff/Appellant/Respondent (herein Plaintiff) became his customary successor, the third in line. The deceased had originally bee…

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