The areas of law for this question are interest in family property and compulsory acquisition.

Issues:
1. Whether or not Akwasi demolishing and reconstructing the Mansah family house into an
ultra-modern apartment amount to family property or a private property
2. Whether or not the orally gifted apartment by Eno to Yaa constitutes a valid alienation
3. Whether or not the government can compulsorily acquire family land based on family
dispute
4. Whether or not Adwoa has the capacity to sue as the successor for Eno Mansah
Governing Principles
Issue 1
Family in this context is an entity capable of holding property. Family property is a movable or
immovable property which belongs to the family as an entity and for benefit of living members
and generations per Section 4 of the Head of Family Accountability Act 1985 and Section 281
of the Land Act 2020.
Generally, family property is created from resources belonging to the family where there is a
clear intention to create family property as per Opanin Kwaku Duah v Peter Okyere. Where
properties are created through private resources, there is a presumption that those properties are
not family properties as can inferred from Article 18 of the 1992 Constitution.
Where a family member develops, renovates or improve family property, that property does not
lose its color as family property unless there is proof of a grant from the family or there is proof
of deceit or fraud from the family as stated Amissah Abadoo v Abadoo
Issue 2
A valid alienation is made through execution by the family head with the consent and
concurrence of the principal family members as affirmed in Andrews v Hayford and sec 68 sub
9 of the Land Act 2020. Where the family head alienates family property without the principal
family members or with the consent and concurrence of the minority of the principal family, that
grant is voidable as held in Atta v Aidoo.

According to Yoguo and another v Agyekum, for there to be a valid gift the following must be
established:
a. There must be a particular interest in land which is to pass from the donor to the done
b. The intention of the donor to make a gift to the done
c. An acceptance of the gift by the done in the lifetime of the donor
d. Delivery of the land to the done
e. Publicity of the gift.
Issue 3
Compulsory acquisition is the forceful taken of private property by the State for the benefit of the
general public as stated in Emmanuel Owoo v Board of Governors of Achimota School.
Article 20 clause 1 provides that 20 “No property of any description, or interest in or right over
any property shall be compulsorily taken possession of or acquired by the State unless the
following conditions are satisfied the taking of possession or acquisition is necessary in the
interest of defence, public safety public under, public morality, public health, town and country
planning and the necessity for the acquisition is clearly stated and is such as to provide
reasonable justification for causing any hardship that may result to any person who has interest
in or right over the property.
Issue 4
Generally, the family head and the stool occupant have the capacity to sue or be sued to defend
family property as stated in Order 4 rule 9 of the High Court Civil Procedure Rules 2004 and
Kwan v Nyieni.
The law however permits a family member to sue if he can demonstrate consent by the people or
an emergency as held in Agbosu v Kotey. The family member must satisfy the court that the
case is one which warrants his intervention under either of 4 situations:
a. Where the family head is dead or incapacitated.
b. Where there is serious division in the family, and the family head will not sue to protect
the property because the property belongs to the opposing faction.
c. Where the family head is behind the danger or destruction to the property.
d. Where the family head does not care about the welfare of the property.

Analysis
Issue 1: From the fact, the demolishing and reconstruction of the family property does not
amount to the property becoming the personal or private property of Akwasi.
Issue 2: From the fact, the property gifted to Yaa by Eno was not valid because it was not done
accordance to the laid down principles in Andrews v Hayford, sec 68 sub 9 of the Land Act
2020 and Yoguo and another v Agyekum
Issue 3: Although the constitution allows the State to Compulsorily acquire property, the
government
Issue 4: From the fact, Adwoa baby has capacity to sue as the customary successor in
accordance with Kwan v Nyieni and Agbosu v Kotey cases provided she can satisfy the
conditions stated in the cases.
Advise
Adwoa Baby is advised that she can succeed in a suit as successor based on the claims or issues
raised.