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OMANE
V.
POKU

(1973) JELR 69162 (CA)

Court of Appeal 9 Apr 1973 Ghana
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- The case involves a dispute over two cocoa farms owned by the deceased, Kofi Boakye. - The plaintiff claims to be a blood relative of the deceased and the appointed successor to his estate. - The defendant claims that the deceased gifted

Case Details

Judges:APALOO JA,SOWAH JA,ANIN J.A.
Counsel:AKAINYAH (OWUSU YAW WITH HIM) FOR THE APPELLANT; MMIEH FOR THE CO-DEFENDANT-APPELLANT.,C. F. HAYFRON-BENJAMIN FOR THE RESPONDENT.
Other Citations:[1973] 2 GLR 66

APALOO J.A.

The late Kofi Boakye was born in Adjeikro in the Ivory Coast and was a national of that country. The evidence shows that in order to avoid being conscripted into the first world war, his grandfather sent him to this country. He was then very young—apparently under ten years of age. He lived in one or two places in Ashanti, and finally made his home at Kona where he died intestate about September 1965. He combined farming with the work of a fetish priest and although he cannot be said to have been a person of large means, he died possessed of modest property. Two cocoa farms which he owned were the subject-matter of the suit which culminated in this appeal.

As is only to be expected, at some time after Boakye came of age, he contracted customary marriages with two women in Ashanti and begat children by them both. They are Ama Serwah and Yaa Akyaa.

One of his children a male, is Kwabena Akuto. He is the issue of the deceased with Ama Serwah. Akuto seems to have got on well with…

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