Yaw Vrs Ama [2003] GHACA 2 (30 January 2003)

The plaintiff failed to prove he was the head of the immediate family of Yaw Nimo or his customary successor and thus lacked locus standi to sue; the trial judge erred in granting judgment for the plaintiff, and the proceedings and judgment below are a nullity.

Citation: [2003] GHACA 2
Parties: Plaintiff/respondent: Augustine Yaw Manu; Defendant/appellant: Madam Elizabeth Ama Nsiah
Court: Court of Appeal
Jurisdiction: Ghana
Judgment Date: 30 January 2003
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: Appeal allowed; plaintiff's suit and judgment below declared a nullity.
Legal Topics: Locus Standi, Customary Succession, Family Property, Capacity to Sue
Source Language: English

Customary Law Succession Law Property Law Locus Standi Customary Succession Family Property Capacity to Sue

Case Brief

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Parties

Augustine Yaw Manu

Plaintiff/respondent

Madam Elizabeth Ama Nsiah

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the plaintiff was the head of the immediate matrilineal family of the late Yaw Nimo and his customary successor
2 Whether the plaintiff had locus standi to sue regarding the disputed property
3 Whether the disputed property was family property

Ratio Decidendi

Court Disposition

Appeal allowed; plaintiff's suit and judgment below declared a nullity.

Orders

Writ filed by the plaintiff, proceedings, and judgment in the court below declared a nullity.