Odamtten and Others v. Wuta-Ofei

This case concerns the ability of women to pass on their life interest in an estate to their children under customary law. In this case, the deceased, the grandfather of the appellants, died intestate. According to the customary law of the Ga people of Osu, the deceased’s female descendants only have a life interest in the estate rather than ownership rights. The first respondent, having outlived his siblings, claimed the right as the head of the family to sell one piece of the estate’s property. The appellant, the daughter of the deceased’s daughter, sought to set aside the sale of said property by the first respondent on the grounds that she was not consulted before the sale, and additionally sought an order of perpetual injunction restraining the respondents from dealing with the property. The appellant contended that the Court of Appeal erred in holding that the customary law of Gas prevent a female child who inherits property from a deceased parent to pass on her interest to her children. However, the Supreme Court upheld the Court of Appeal’s decision, holding that the Court of Appeal stated the true position of customary law and practice of the devolution of property in Osu and other parts of Ghana, and that this customary property system is backed by judicial precedents on patrilineal forms of inheritance. The appellants’ argument that the Intestate Succession Law banned this patrilineal inheritance practice failed to take into account that it is not retroactive and thus does not apply to estates that have already been distributed. Thus, the sale of the property was deemed valid.