M. Captan Of Accra & Ors V. Robert Ad Jabeng Ankrah Otherwise Known And Called Arday Ankrah On Behalf Of Otublohum Dadebanna, Accra & Ors (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Succession to family property by Ga Customary Law—Holder of Stool familyproperty died leaving two brothers, all three being sons of same mother wholeft no daughter—To whom does property pass on death of Stool Holder—To the children and immediate descendants of Stool Holder to the exclusionof the children and descendants of the two brothers or to the members of allthree lines of the family.

Facts

The Ga Stool granted land to Mantse Ankrah, who died leaving two brothers. All three brothers were sons of a woman named Amanuah. It was admitted that Amanuah left no daughter through whom, according to native customary law, inheritance would follow on the death of the surviving brother.

The plaintiff’s case was that Mantse Ankrah was the occupant of the family Stool, and that the Stool family was and is the descendants of the three brothers. The defendant-appellant, Charles Amoo Ankrah, contended that the property passed to the children and descendants of Mantse Ankrah to the exclusion of the descendants of the two brothers.

Held

(Korsah, J., dissenting). Every member of the three lines had an interest in the land to the extent that if they wished to farm upon it they could do so or give up all tribute upon seeking and obtaining the consent of the caretaker of the land.

Appeal dismissed.