(1993) JELR 69443 (CA)    
Court of Appeal  ·  18 Nov 1993 ·  Ghana
Other Citations
[1992 – 1993] 3 GBR 1027 – 1037 C.A
Core Terms Beta
trial judge
family property
moses obeng
salome nketia
second session
first session
moses yaw obeng
late moses obeng
said house
deceased moses yaw obeng
decision of the first session
evidence of pw1
isaac kwaku obeng
above matters
above pieces of evidence
acquisition of the land
ashanti region
behalf of the plaintiff
case of the defendant
case of the respondent
claim of the plaintiff
conclusion of the hearing of the case
devised house
devise of that house
documentary evidence
early stage
eldest child
evidence of plaintiff
evidence of the plaintiff
family property of the late moses obeng
findings of fact
first document
first ground
first session of the presbyterian church
following extract
following issues
grounds of appeal
head of the family
kumasi high court judge
learned judge
madam felicia bempomaa
male members of the family
records of the ashanti akim district council
said plot
wife of the late moses obeng
will of the deceased moses obeng
witnesses of the plaintiff
wrongful transfer of the said house


On the 20 December 1974 Moses Yaw Obeng made a will and by clause 2 devised house No 36 Agogo in the Ashanti Region to his wife, Felicia Bempomaah (the respondent herein) and her children. Death laid its icy hands on Moses Obeng on 14 January 1983 at Agogo Ashanti. When the will of the deceased Moses Obeng was read after his death, Isaac Kwaku Obeng, in his capacity as head of the family and customary successor of the deceased, authorised one Seth Oduro Amaa to sue the respondent for a declaration that house No 36 Agogo Ashanti was family property, not the self-acquired property of the deceased, Moses Obeng. Additionally, the plaintiff sought the following ancillary reliefs: recovery of possession and perpetual injunction. He also sought an order striking out clause 2 of the will. At the conclusion of the hearing of the case, the Kumasi High Court judge dismissed the action. Aggrieved by the judgment, the plaintiff appealed to this court.

Two grounds of appeal were argued on…

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