– The case was an appeal from a decision of the High Court of Gold Coast, which dismissed a suit for a declaration of title to a piece of land in Accra¹².
– The appellant, Abiba Ali, was the daughter of one Ali, who died in 1908 leaving a will. The will devised a house and a land (known as the Zongo land) to his senior wife Madame Amina, his daughter Meriam Ali, and his son Mama Ali (the respondent). The will also stated that the house and the land were never to be sold¹².
– The appellant claimed that she inherited the Zongo land from her sister Meriam Ali, who died in 1929. She alleged that the respondent had trespassed on the land and sold part of it to a third party. She sought a declaration of title and an injunction against the respondent¹².
– The respondent denied the appellant’s claim and contended that he was the sole owner of the Zongo land by virtue of a previous judgment of the High Court in 1930, which held that the will gave him and his co-devisees an absolute interest in the property, subject to an invalid restraint on alienation. He also argued that the appellant was estopped by the 1930 judgment from asserting any title to the land¹².
– The High Court, per Smith J., dismissed the appellant’s suit and upheld the respondent’s defence. The court held that the 1930 judgment was binding on the parties and that the appellant had no title to the land. The court also held that the appellant had failed to prove her alleged inheritance from her sister or any possession of the land¹².
– The appellant appealed to the West African Court of Appeal, which dismissed the appeal and affirmed the decision of the High Court. The court held that there was no error in law or fact in the 1930 judgment and that it was conclusive on the issue of title. The court also held that there was no evidence to support the appellant’s claim of inheritance or possession¹².
– The relevance of the case is that it shows how the legal system in Ghana deals with the issue of wills and succession, especially in relation to customary law and Islamic law. It also illustrates how the courts apply the doctrine of estoppel by judgment and res judicata in civil cases³.
(1) Abiba Ali v. Alhaji Mama Ali | Privy Council | Judgment | Law | CaseMine. https://www.casemine.com/judgement/in/56b49623607dba348f016e0e.
(2) Abiba Ali v Alhaji Mama Ali (West Africa) – CaseMine. https://www.casemine.com/judgement/uk/5b4dc2502c94e07cccd23d5d.
(3) The comprehensive database of African case law and legislation | judy.legal. https://www.judy.legal/case/abiba-ali-plaintiff-respondent-v-alhaji-ali-defendant-appellant.
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