GRACE AFRIYIE V. OSEI KWADWO

JUDGMENT

KULENDI JSC:

INTRODUCTION 

1. This is an appeal against the judgment of the Court of Appeal, Kumasi, Coram: Angelina M. Domakyaareh (JA), Alex B. Poku Acheampong (JA), Samuel K.A Asiedu (JA) dated 29th June 2022, which overturned the Judgment of the High Court, Coram John Bosco Nabarese (J), dated 28 June, 2018. 

THE APPELLANTS CASE:

2. The Appellant commenced the suit in his capacity as the Customary Successor of Asare Bossman (deceased) and Frank Brobbey (deceased), for and on behalf of his immediate maternal family. Per his writ filed on the 24 of February, 2012, he argued that, being descendants of the late Yaa Konadu of Techimantia, he and his immediate maternal family were entitled to a disputed plot of land described as Plot No. DR 14 Techimantia together with the buildings lying thereon. 

3. In his writ, the Appellant asserted that the land was originally acquired by one Opanin Asasensere who during his lifetime, made a customary gift of same to his son, the late Frank Brobbey. Acco…