AGBAJE AND ANOTHER v. BUCKNOR
October 17, 1967
HIGH COURT
GHANA
CORAM
- ARCHER J
Areas of Law
- Civil Procedure
- Probate and Succession
- Property and Real Estate Law
AI Generated Summary
ARCHER J considered an application under Order 25, r.4 to strike out the defendant 19s defence and enter judgment for the plaintiffs, who are the lawful daughters of Arthur Joseph Eugene Bucknor through his earlier Ordinance marriage to Augusta Margaret Bucknor. After Bucknor 19s death, the Divisional Court by consent ordered conversion of the entire estate into cash with a right of pre-emption for the plaintiffs upon payment of a32,410 9s. 6d., which they transferred from Nigeria. The court later ordered distribution and delivery of the properties, including the immovable Mohmo Villa on Jukwa Road, Cape Coast. The defendant, Charles J.B. Akin Bucknor, a half-brother and the plaintiffs 19 attorney-caretaker, claimed joint ownership based on family arrangement and interpleader proceedings. The court held the plaintiffs acquired ownership by purchase, found no evidence of the defendant 19s contribution, rejected estoppel, deemed a formal conveyance unnecessary, struck out the defence, dismissed the counterclaim, and entered judgment for recovery of possession with costs.