JUDGEMENT
FRANCOIS J.A.
The suit from which this appeal springs originated in the High Court, Sunyani, where the plaintiff, on behalf of the children of the late J.E. Ohene, sought inter alia, a declaration of ownership of a half-share of the deceased's cocoa farm at "Nyamebekyere-Kookookrom" on Akrodie stool land.
The plaintiff urged in the court below that his late father Ohene had acquired virgin forest and cultivated it extensively into a cocoa farm and that in 1967, a year before his death, being mindful of providing for his children, had made a gift of half the farm to them in the presence of his family.
It was the plaintiff's further case that prior to the 1967 gift, the late Ohene had in 1962 made an inter vivos gift to his wife, Elizabeth Nyanta, of part of the said farm; consequently the death-bed disposition or samansiw of 1967 should relate to the deceased's farm excluding what had already been gifted. The failure of the defendant's family to honour the death-bed wishes of lat…