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YAW BENNEH
V.
ADWOA KORKOR SUBSTITUTED BY YAA ADEM

(2022) JELR 112316 (CA)

Court of Appeal 28 Apr 2022 Ghana
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- The Court of Appeal reversed the trial court, holding that a valid customary gift of immovable property does not require the presence of the donor’s family, sharing of aseda (thanksgiving), or libation, provided publicity, acceptance, and

Case Details

Suit Number:CIVIL APPEAL NO. H1/06/2015
Judges:ANGELINA M. DOMAKYAAREH (MRS.), JA. (PRESIDING) A. B. POKU-ACHEAMPONG, JA. SAMUEL K.A. ASIEDU, JA.
Counsel:James Marshall Belieb for the Plaintiff/Appellant. Yaw Attakora Amo for the Defendant/Respondent.
Location:Kumasi

JUDGMENT

ASIEDU, JA.

Introduction:

This is an appeal from the judgment of the Circuit Court, Kumasi delivered on the 25th day of July 2011. On the 17th day of January 2003, Yaw Benneh, the Plaintiff/Appellant issued a writ of summons against Adwoa Korkor, the Defendant/Respondent (who was subsequently substituted by Yaa Adem). In the writ, the Plaintiff claims against the Defendant:

  1. A declaration of title and recovery of possession of all that piece or parcel of land lying, situate and being at a place commonly known and called Sekyere Nkwanta on Juaben stool lands along the Kumasi-Accra Highway bounded by the properties of Opanin Kwasi Addo, Ama Serwah, Opanin Kwabena Bienin (Juaben Santahene) (deceased), which said land was the property of Plaintiff’s father, Kwabena Mensah alias Batani (deceased), and which was gifted to the Plaintiff and his brother, Yaw Manu (deceased) during the life time of Opanin Kwabena Mensah alias Batani (deceased).

  2. Perpetual injunction restraining the Defendant…

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