ABADOO v. AWOTWI

JUDGMENT OF EDWARD WIREDU J.

By her writ of summons issued out of this court on 15 February 1972, the plaintiff claims against the defendant as follows:

"A declaration that the plaintiff is entitled to:

(1) An uncompleted two storey building situate at Jukwa Road, adjacent to House No. E.49/4, Jukwa Road, Cape Coast.

(2) A share in the rents collected from the outhouse of House No. E.49/4 Jukwa Road formerly occupied by the plaintiff and her husband J. W. Armah after deduction of rates and taxes.

(3) All moneys in the savings bank accounts at the Standard Bank of West Africa Limited, belonging to the late J. W. Armah.

(4) An equal share with the defendant in the post office savings accounts after deduction of N¢200.00 for other beneficiaries. Such dispositions having been made to the plaintiff by the late Jacob William Armah by samansiw native will."

In her supporting statement of claim filed some time later, the plaintiff pleaded that before the death of her husband, the late Armah, the latter called in the plaintiff and the defendant who is the sister of the late Armah and in the presence of Rev. Mr. Sekyiama of the Anglican Church, Cape Coast, one Blankson now deceased, a cousin of the late Armah, and one Arkhurst a very good friend of the late Armah, and made the following dispositions in accordance with native customary law and usage:

"(3) That upon his death, the defendant should live in that part of my outhouse occupied by my mother. The other part which I occupy should be rented and its proceedings used partly in paying house rates and taxes [and in making] ample provision for my mother and the balance shared by my wife and sister.

(4) The late Armah also asked that his savings at the Standard Bank of West Africa Limited should be given to the plaintiff for the completion of his house then being constructed.

(5) The late Armah bequeathed his new house, referred to in paragraph (4) (supra) to the plaintiff and her children.

(6) The late Armah directed that out of his savings at the Post Office Savings Bank, N¢50.00 should be given to his family; N¢50.00 to the defendant's children; N¢50.00 to his three children at Nkum and N¢50.00 to Christ Church and that the balance was to be shared between the plaintiff and the defendant.

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(7) The late Armah asked that the plaintiff and the defendant should be responsible for the administration of his properties.

(8) Both the plaintiff and the defendant accepted the bequests and thanked t