Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



YIRENKYI
V.
SAKYI

(1989) JELR 63693 (CA)    
Court of Appeal  ·  25 Oct 1989 ·  Ghana
 · 
Other Citations
[1991] 1 GLR 217
CORAM
OSEI-HWERE JSC, AMPIAH JA, ESSIEM JJA

Ratio Decidendi

Core Terms Beta
defendant
evidence
kofi amoah
family property
trial judge
second plaintiff witness
children of ampeaa
exhibit b
personal property
akosua manubea
evidence of the second plaintiff witness
nana offei kwasi agyeman iii
defendant caretaker
right of succession
express rule
forest land
maternal cousin
members of the family
property of kwaku bekoe
akyem-abuakwa stool land
behalf of bekoes children
children of his late sister ampeaa
customary law sense
customary system of succession
death of bekoe
deceased plaintiff
defendants father’s uterine sister
family’s title
father of the defendant
finding of fact
first year of his caretakership
ie exhibit b
ignorance of the result of the case
maternal family of bekoe
original acquisition of the abesim land
own appraisal of the evidence
owner of the property
personal customary law of kwaku bekoe
personal customary law of succession
personal law of an intestate ghanaian
plaintiff cause
plaintiff’s evidence
plaintiffs statement of claim
principle of the customary law
result of this appeal
said kwaku bekoe
said land
separate gifts of virgin lands
spite of the clear evidence of a gift

OSEI-HWERE JSC

The result of this appeal, in one aspect, is pivoted on the personal customary law of Kwaku Bekoe, deceased. The said Kwaku Bekoe was the father of the defendant and the maternal cousin, once removed, of both Opanin Kwaku Mabre, the deceased plaintiff, and his substitute, Kwabena Twum Sakyi. Sakyi is a younger brother of the full blood to Mabre. The maternal family of Bekoe, Mabre and Sakyi has its seat at Akropong-Akwapim and goes by the name of Amoakare. The farm that launched the dispute between the parties is situate at Abesim, near Suhum on Akyem-Abuakwa stool land. It was commonly agreed that the forest land was originally reduced under cultivation by Bekoe.

An important point of divergence between the disputants was as to the original acquisition of the Abesim land. As pleaded in paragraph 4 of the plaintiffs statement of claim, the Abesim land (on which the farm was cultivated) was purchased by the maternal uncle of Bekoe called Kofi Amoah who “gave it as a gift t…

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