Skip to Content

Colonial Cases

Yamikb v. Adaro, 1853

[succession]

Yamikb v. Adaro

Gold Coast
11 February 1853
Source: J.H. Sarbah, Fanti Law: Reports of Decided Cases on Fanti Customary Laws, Second Selection (Clowes and Sons, London, 1904)

 

February 11, 1853

YAMIKB v. ADARO.

Land-grant - Long Possession - [Gift] to Son by Slave Woman - Succession [is] [by] eldest Nephew.

Plaintiff states that he was left a piece of ground by his uncle Amanie, and he intended to bury the uncle on his own ground.  But the defendant preventing him, said he must first obtain his sanction.  Plaintiff refused, and denying the right of the defendant to prevent him, he buried his uncle on the said land.  There defendant thereupon summoned the plaintiff before King Amissah, who, after hearing the case, gave judgment in favour of the plaintiff.

   This decision was recalled by the King, who after hearing two fresh witnesses of the defendant, gave against the plaintiff, who thereupon brought the present case before the Court of the Judicial Assessor.

   At the hearing, Quabina Asari states that, during the lifetime of plaintiff's uncle, the property was the uncle's and his possession was never disputed.  The plaintiff is the uncle's heir and eldest nephew, and is the undoubted owner.  Defendant has no right whatever to the property; he does not know whether he is a relative of Amarie, the uncle.

   Defendant states the head of his family was called Kwamina Etchie; he owned the town of Morree and ground about it.  A man named Asumanadu (of plaintiff's family) brought a slave woman from Asaibu and resided with the head chief.  The Mouree people having quarrelled, Etchie gave Asumanadu a piece of ground, and told him he might build a house on it.  He did so, and lived in it till he died.  Etchie died before Asumanadu.  When Asumanandu was about to die, he gave the property to Amanie, who was his son by a slave woman.  Amanie lived on the property all his lifetime; he was a very old man when he died.

By the Judicial Assessor.

The property appearing to have been given to Asumanandu about one hundred years ago by Etchie, and having remained in his family for two generations without any claim having been made by defendant's family for its return, and the plaintiff being the eldest nephew and lawful heir thereto; it is decreed that the plaintiff shall remain possessor of the property which formerly belonged to his uncle Amanie.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School