ENNIN V. PRAH

ADUMUA-BOSSMAN J.: (His lordship set out the history of the matter, and proceeded):—It is clear that the trial-Court proceeded upon a complete misconception as to the identity of the family to which the properties belonged, and which could deal with them.

The late Kofi Nkum’s properties could not devolve upon, and become vested in, the wider Twidan family of which he was a member in his life time. They devolved upon, and became vested in, his immediate family group. This consisted of all who were descended matrilineally from the same womb as himself-his surviving brothers (if any), his surviving sisters (if any), and the surviving children of his sisters, dead or alive (see the dictum of Deane C. J. in Larkai v. Amorkor and ors. (1 W.A.C.A. 323 at 330); and that of Strother- Stewart J. in Santeng per Ohimen v. Darkwa and anor. (6 W.A.C.A. 52 at 53)). In the proper and true conception of the native customary law of inheritance and/or succession, it is Kofi Nkum’s family (consisting of t…