OSEI-HWERE JSC
The result of this appeal, in one aspect, is pivoted on the personal customary law of Kwaku Bekoe, deceased. The said Kwaku Bekoe was the father of the defendant and the maternal cousin, once removed, of both Opanin Kwaku Mabre, the deceased plaintiff, and his substitute, Kwabena Twum Sakyi. Sakyi is a younger brother of the full blood to Mabre. The maternal family of Bekoe, Mabre and Sakyi has its seat at Akropong-Akwapim and goes by the name of Amoakare. The farm that launched the dispute between the parties is situate at Abesim, near Suhum on Akyem-Abuakwa stool land. It was commonly agreed that the forest land was originally reduced under cultivation by Bekoe.
An important point of divergence between the disputants was as to the original acquisition of the Abesim land. As pleaded in paragraph 4 of the plaintiffs statement of claim, the Abesim land (on which the farm was cultivated) was purchased by the maternal uncle of Bekoe called Kofi Amoah who “gave it as a gift t…