Odamtten and Others Vrs Wuta-ofei [2018] GHASC 63 (12 December 2018)

Odamtten and Others Vrs Wuta-ofei [2018] GHASC 63 (12 December 2018)

The Supreme Court held that under Osu patrilineal customary law, the head of family (1st respondent) had authority to sell the property without the consent of grandchildren, as only children of the deceased inherit and female children have only a life interest. PNDCL 111 does not apply retrospectively to estates devolved before its enactment. The arrangements for revenue sharing and tenancy agreements did not alter the customary law position or create estoppel. The appeal was dismissed and the Court of Appeal's decision affirmed.

Citation
[2018] GHASC 63
Parties
Plaintiff/appellant/appellant: George Odamtten; Plaintiff/appellant/appellant: Dorinda Osei; Plaintiff/appellant/appellant: Juliet Owusu; Plaintiff/appellant/appellant: Judy Owusu; Plaintiff/appellant/appellant: Tony Owusu; Defendant/respondent/respondent: Raphael Wuta-Ofei; Defendant/respondent/respondent: Mohammed Wolley
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
12 December 2018
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed; judgment of the Court of Appeal affirmed.
Legal Topics
Intestate Succession, Patrilineal Inheritance, Customary Law Vs Statutory Law, Estoppel, Capacity to Sell Family Property
Source Language
English
Succession Law Customary Law Intestate Succession Patrilineal Inheritance Customary Law Vs Statutory Law Estoppel Capacity to Sell Family Property

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Parties

George Odamtten

Plaintiff/appellant/appellant

Dorinda Osei

Plaintiff/appellant/appellant

Juliet Owusu

Plaintiff/appellant/appellant

Judy Owusu

Plaintiff/appellant/appellant

Tony Owusu

Plaintiff/appellant/appellant

Raphael Wuta-Ofei

Defendant/respondent/respondent

Mohammed Wolley

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the sale of family property by the head of family without consent of grandchildren is valid under Osu customary law
  2. 2 Whether female children of a deceased patrilineal owner can pass their interest to their children under Osu customary law
  3. 3 Whether PNDCL 111 (Intestate Succession Law) applies retrospectively to estates devolved before its enactment

Ratio Decidendi

The Supreme Court held that under Osu patrilineal customary law, the head of family (1st respondent) had authority to sell the property without the consent of grandchildren, as only children of the deceased inherit and female children have only a life interest. PNDCL 111 does not apply retrospectively to estates devolved before its enactment. The arrangements for revenue sharing and tenancy agreements did not alter the customary law position or create estoppel. The appeal was dismissed and the Court of Appeal's decision affirmed.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal affirmed.