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OWUSU ALIAS KAYEYA V. NYAMEKYE

(1999) JELR 68708 (HC)

High Court  •  22 Jan 1999  •  Ghana

Coram
QUAYE J

Judgement

QUAYE J.: The facts in this case are that the plaintiff is blind in both eyes. He claims to be the last surviving member of his maternal family. The said family was originated from the plaintiff’s ancestress by name Afia Biraso. The said ancestress, according to the version proferred by the plaintiff, gave birth to two children, a male and a female. The name of the male ancestor of the plaintiff was Opanin Kwaku Kodua, and that of the female was Abena Serwaa. Abena Serwaa had an issue, Ama Bio, an only child. The record did not indicate that Afia Biraso had any sister. Up to that stage therefore, the family comprised only Afia Biraso, Kwaku Kodua, Abena Serwaa and Ama Bio. Under Akan customary law, any children born to Kwaku Kodua did not belong to the family for the purposes of succession since the Akan society was matrilineal. Thus the children of a male member would belong to the family of their mother. Ama Bio had three issues comprising two male children and one female child. The…

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