GODFRED AGYEDOWA BOADI & 2 ORS V. KWAKU ADDO

JUDGMENT

ADJEI-FRIMPONG JSC: 

The subject of this appeal is not of any wide ambit. Following a dispute over the properties of one Opanin Kwaku Boadi (the deceased), the disputants appeared before the Kadehene and his elders in what ended up as customary arbitral proceedings. Upon the announcement of a decision after hearing, the losing side sought to reverse same in the High Court. What transpired has culminated in this appeal.

The deceased, late of Kade died in 1962. To date, his acquisition of a number of properties in his lifetime has suffered no viable debate. He died intestate. As an Akan from a matrilineal system, the question about the status of those properties upon his death is readily answered in law which we shall state in due course.

The 1st, 2nd and 3rd Defendants/Appellants/Respondents (herein Defendants) are some of his surviving children. The Plaintiff/Appellant/Respondent (herein Plaintiff) became his customary successor, the third in line. The deceased had originally bee…