Anane Vrs Agyemang and Others [2014] GHASC 126 (26 February 2014)

Anane Vrs Agyemang and Others [2014] GHASC 126 (26 February 2014)

The lease acquired by Osei Hwirie as customary successor was held in trust for the family and retained its family character. The Supreme Court departed from previous law, holding that adoption of proceedings after transfer is at the discretion of the new judge, not subject to parties’ consent. The Respondent had capacity to sue to protect family property. The appeal was dismissed.

Citation
[2014] GHASC 126
Parties
Plaintiff/appellant/respondent: Adomako Anane; Defendant/respondent/appellant: Nana Owusu Agyemang (substituted by Nana Banahene); Defendant/respondent/appellant: Nana Yaw Guakro (substituted by Nana Asamoah Okyere); Defendant/respondent/appellant: Jerry Dee Amoah; Defendant/respondent/appellant: Akwasi Donkor (substituted by Nana Kwaku Dwomoh); Defendant/respondent/appellant: Addo Aliaja; Defendant/respondent/appellant: Amma Kwaah (substituted by Nana Kwaku Dwomoh); Defendant/respondent/appellant: Kwabena Antoh (substituted by Akua Ode); Defendant/respondent/appellant: Amma Nhyiraa
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
26 February 2014
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Family Property, Fiduciary Duty, Adoption of Proceedings, Appeal Procedure
Source Language
English
Land Law Customary Law Civil Procedure Family Property Fiduciary Duty Adoption of Proceedings Appeal Procedure

Case Brief

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Parties

Adomako Anane

Plaintiff/appellant/respondent

Nana Owusu Agyemang (substituted by Nana Banahene)

Defendant/respondent/appellant

Nana Yaw Guakro (substituted by Nana Asamoah Okyere)

Defendant/respondent/appellant

Jerry Dee Amoah

Defendant/respondent/appellant

Akwasi Donkor (substituted by Nana Kwaku Dwomoh)

Defendant/respondent/appellant

Addo Aliaja

Defendant/respondent/appellant

Amma Kwaah (substituted by Nana Kwaku Dwomoh)

Defendant/respondent/appellant

Kwabena Antoh (substituted by Akua Ode)

Defendant/respondent/appellant

Amma Nhyiraa

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the lease acquired by Osei Hwirie was family property or self-acquired property
  2. 2 Whether the proceedings before the previous judge could be adopted without consent of all parties
  3. 3 Whether the Respondent had capacity to sue on behalf of the family

Ratio Decidendi

The lease acquired by Osei Hwirie as customary successor was held in trust for the family and retained its family character. The Supreme Court departed from previous law, holding that adoption of proceedings after transfer is at the discretion of the new judge, not subject to parties’ consent. The Respondent had capacity to sue to protect family property. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the Court of Appeal affirmed
  • Respondent’s cross-appeal for variation of costs and order of accounts declined