ADAMU V. ADMINISTRATOR-GENERAL
(1988) JELR 81752 (CA)
Court of Appeal
•
24 Nov 1988
•
Ghana
Coram
WUAKU J.S.C., AMPIAH AND ESSIEM JJ.A.
Appearances
Tabi-Amponsah for the appellant.
J. K. Harlley, State Attorney, for the Administrator-General.
Judgement
<p style="text-align: center;"><strong><u>JUDGEMENT</u></strong></p><p style="text-align: justify;"><strong>WUAKU J.S.C. </strong></p><p style="text-align: justify;">This appeal raises a very simple but an important issue. The issue is, can a testator who by his will devised his two self-acquired properties, one to each of his two wives and had made known the devises to the wives and accepted customary thank-offerring (aseda) from the wives, by revoking the first will in a subsequent will prevent the wives from taking the properties for which they had given the customary aseda?</p><p style="text-align: justify;">The facts found by the learned trial judge which I fully indorse are supported by the evidence. In 1968 the testator devised an estate house at Kaneshie, Accra to one of his wives, the plaintiff-appellant, and the children begotten by her to the testator. The testator devised his building at Konongo to his other wife, the co-defendant, and her children and other children of the testator begotten by a third wife whom he had earlier divorced. The testator gave a copy of the will to each of his said wives who, in pursuance of the devises to them, accompani…</p>