OPANIN KWAKU DUAH V. PETER KOFI OKYERE

AMADU JSC:-

INTRODUCTION:

1. The parties to this appeal are all members of the Ekuona Family of Ntonso, Ashanti. The dispute between them pertains to the ownership of three properties-House No.KO.60, Ashanti New Town, Kumasi; House No.019, Block 8, Ashanti New Town, Kumasi and a Cocoa Farm at Abrewapomaah.
2. While the Appellants claim that the aforementioned properties are family properties belonging to the Ekuona Family of Ntonso, the Respondents contend that, the properties are the personally acquired properties of their deceased father, Akwasi Okyere. 
3. Fortified by their claims, the Appellants contend that, being family properties, the Respondents’ deceased father could not have devised same under his last will and testament dated 30th January, 1995. Conversely, the Respondents maintain that, their late father had the right to devise the properties which were personally acquired and owned by him. 
4. This appeal therefore emanates from the judgment of the Court of Appeal Kumasi, dated the 3rd o…