Boadi and Another and Another v Addo (J4/52/2020) [2025] GHASC 42 (11 June 2025)

Boadi and Another and Another v Addo (J4/52/2020) [2025] GHASC 42 (11 June 2025)

The Supreme Court held that the Kadehene and his elders, as a customary arbitral panel, lacked jurisdiction to apply PNDC Law 111 to redistribute the estate of Opanin Kwaku Boadi, who died intestate in 1962. The estate had already vested in the family under customary law, and the application of statutory law by the...

Source-derived case information.

Citation
[2025] GHASC 42
Parties
Defendant/respondent/appellant: Godfred Agyedowa Boadi; Defendant/respondent/appellant: Gyakorang Boadi; Defendant/respondent/appellant: Adarkwa Kwadwo; Plaintiff/appellant/respondent: Kwaku Addo (subst. by George Amoako)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
11 June 2025
Case Number
J4/52/2020
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
appeal dismissed
Legal Topics
Intestate Succession, Customary Arbitration, Jurisdiction, Matrilineal Inheritance, Application of Statutory Law in Customary Proceedings
Source Language
english
Succession Law Customary Law Arbitration Intestate Succession Customary Arbitration Jurisdiction Matrilineal Inheritance Application of Statutory Law in Customary Proceedings

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Parties

Godfred Agyedowa Boadi

Defendant/respondent/appellant

Gyakorang Boadi

Defendant/respondent/appellant

Adarkwa Kwadwo

Defendant/respondent/appellant

Kwaku Addo (subst. by George Amoako)

Plaintiff/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the Kadehene and his elders had jurisdiction to arbitrate and redistribute the estate of Opanin Kwaku Boadi under PNDC Law 111
  2. 2 Whether the application of PNDC Law 111 to an estate vested under customary law prior to 1985 was lawful
  3. 3 Whether the arbitral panel exceeded its jurisdiction by applying statutory law contrary to customary law

Ratio Decidendi

The Supreme Court held that the Kadehene and his elders, as a customary arbitral panel, lacked jurisdiction to apply PNDC Law 111 to redistribute the estate of Opanin Kwaku Boadi, who died intestate in 1962. The estate had already vested in the family under customary law, and the application of statutory law by the panel was ultra vires and void. The purported redistribution was contrary to established customary law and thus invalid.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed. The decision of the Court of Appeal is upheld.