Ankomahyi and Another Vrs Buckman and Others [2014] GHASC 130 (26 February 2014)

Ankomahyi and Another Vrs Buckman and Others [2014] GHASC 130 (26 February 2014)

The plaintiffs were not customarily adopted by Kojo Amoah as the evidence did not satisfy the legal requirements for customary adoption. The declaration by Kojo Amoah regarding the North Kaneshie house did not meet the essentials of a valid customary will (samansiw) as the witnesses were not credible and disinterested. Therefore, the plaintiffs are not entitled to the property as claimed.

Citation
[2014] GHASC 130
Parties
Plaintiff/respondent: Patrick Ankomahyi; Plaintiff/respondent: Gyimiamah Ankomayi; Defendant/appellant: Hannah Buckman; Defendant/appellant: Susan Amoah; Defendant/appellant: Edward Djan Amoah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
26 February 2014
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal allowed
Legal Topics
Customary Adoption, Intestate Succession, Customary Will (samansiw), Inheritance Rights
Source Language
English
Succession Law Customary Law Customary Adoption Intestate Succession Customary Will (samansiw) Inheritance Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Patrick Ankomahyi

Plaintiff/respondent

Gyimiamah Ankomayi

Plaintiff/respondent

Hannah Buckman

Defendant/appellant

Susan Amoah

Defendant/appellant

Edward Djan Amoah

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the plaintiffs were customarily adopted by the late Kojo Amoah
  2. 2 Whether Kojo Amoah made a valid customary will (samansiw) in favour of the plaintiffs
  3. 3 Whether the plaintiffs are entitled to a share of the North Kaneshie house as children of the household under the Intestate Succession Act

Ratio Decidendi

The plaintiffs were not customarily adopted by Kojo Amoah as the evidence did not satisfy the legal requirements for customary adoption. The declaration by Kojo Amoah regarding the North Kaneshie house did not meet the essentials of a valid customary will (samansiw) as the witnesses were not credible and disinterested. Therefore, the plaintiffs are not entitled to the property as claimed.

Court Disposition

appeal allowed

Orders

  • Findings of the High Court and Court of Appeal on customary adoption set aside
  • Plaintiffs not entitled to the property as claimed