GYAMAAH
V.
BUOR

(1962) JELR 69986 (HC)

High Court 26 Mar 1962 Ghana
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- The plaintiff in this case claimed a share of the eleven farms cultivated by her late husband, which the defendant had succeeded. - According to Akan custom, the plaintiff was not entitled to a share of her late husband's property solely

Case Details

Judges:BRUCE-LYLE J.
Counsel:ANSAH TWUM FOR THE DEFENDANT-APPELLANT; W.K. ACKUN FOR THE PLAINTIFF-RESPONDENT.

BRUCE-LYLE J.

In this case the plaintiff’s claim was for a declaration by the court that she was entitled to a share of the eleven farms cultivated by her husband and to which the defendant had succeeded, and also for the court to share the farms.

In Akan custom the plaintiff was not entitled to a share of her late husband’s property only on the ground that she assisted in the cultivation of the farms. The position is different where assistance by a wife had been substantial and of a financial nature. In this case if the defendant had not agreed that he was prepared to give the plaintiff a share of the farms I am of the opinion that the plaintiff would have found it difficult to succeed.

The trial court upon the “plea of liable” by the defendant gave judgment for the plaintiff and then went on to share the farms between the plaintiff and the defendant. There is nothing on record to show that the defendant agreed to this method of sharing the cocoa farms. In the absence of any evidence to…

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