KWAKYE vs. TUBA AND OTHERS

The plaintiff sued in his capacity as the customary successor of one Kwasi Kumah of Asokore, New Juabeng, seeking a declaration of title to land and a farm at Bukruwa in Kwahu, an injunction, and an account of proceeds. He alleged that after his appointment as successor, he allowed the defendants, who were children of Kwasi Panin (the deceased’s elder brother), to manage the farm on terms that they would receive one-third of the annual proceeds. According to him, the defendants complied for two years but in the 1960/61 cocoa season repudiated the arrangement, denied his title, drove away his caretaker, and took possession. The defendants denied that the plaintiff was the valid successor and contended that because Kwasi Kumah was a Muslim and died without issue, succession should devolve under Muslim law upon them as children of his brother. Portion of judgment: “The plaintiff instituted this action in his capacity as successor according to customary law of one Kwasi Kuma of Asokore, New Juabeng, and claimed 1 declaration of title... 2 injunction, and 3 account... The defence is that the plaintiff is not successor... and further that by Muslim law... the defendants, children of his brother, succeeded to his estate.”