IN RE LARBI (DECD.); LARBI AND ANOTHER V. LARBI

ARCHER J.A.

The father of the late Ansah Obuadabang Larbi was an Akwapim man from Larteh where succession is patrilineal. The present appellant is the mother of the deceased and she is a Fante from Saltpond where succession is matrilineal. The late Larbi before his death was married under the Marriage Ordinance, Cap. 127 (1951 Rev.), and was survived by his widow and one issue and as such by virtue of the provisions of section 48 of the Marriage Ordinance, Cap. 127 (1951 Rev.), two-thirds of his estate would devolve on his widow and issue and one-third to his family according to customary law. If both parents of the late Larbi had been Fantes, the one-third devolving on the family would in accordance with Fante customary law have been inherited by his immediate family on the maternal side and there would have been no difficulty in ascertaining who constituted the immediate family. Moreover if both parents of the late Larbi had been Akwapims where succession is patrilineal there would …