1944
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
AI Generated Summary
After delays from the Court’s circuit and the death of the original plaintiff, the Divisional Court, per Coussey, J., decided a family‑property dispute between the Owoo family and devisees under the will of Nii Owoo II (George Owoo). The plaintiff, as head of the family, sought declarations that the Salaga Market house and the Station Road/Selwyn Market Street block were family property. The defendants argued these assets were self‑acquired and thus validly devised to nephews and nieces. The Court held the Salaga property, built over founder Nii Owoo I’s tomb on family land, was family property under Ga custom, granting possession and an account of rents from December 23, 1934. Conversely, it found the Station Road/Selwyn properties were self‑acquired, purchased in 1901 and developed through leases and mortgages in the testator’s individual capacity, therefore properly devised. The Court rejected a merger theory based on alleged mixing of family funds, and ordered each party to bear its own costs.
Judgment :
The Judgment in this suit has been delayed, firstly because the Court went on circuit during October, and then the death of the Plaintiff Nee Owoo III, necessitated the substitution of a fresh Plaintiff, as a Judgment delivered when a party to a suit is dead, is voidable.
By his Writ of Summons in the Ga Mantse's Tribunal which was applied for on the 23rd December 1940, the Plaintiff, as Head of the Owoo family of Accra on behalf of the said family and himself, claims against the defendants as Devisees under the Will of Nee Owoo II, a declaration of title to (1) a house and land at Salaga Market, Accra and (2) to a block of buildings at the corner of Selwyn Market Street and Station
Road Accra. Between January 1941 and November 1942 the suit was part heard by the Tribunal and adjourned on numerous occasions.
Whilst this case was pending in the Tribunal the Plaintiff appears to have applied to add, by amendment, a further claim for a Declaration of title to land at Kokomlemle, Accra. No record appears however, that the necessary amendment was made by the Tribunal and, consequently, although a claim to this property at Kokomlemle is included in the Plaintiff's Statement of Claim, the Plaintiff abandoned that claim at the hearing as it is not included in the Writ of Summons now before the Court. In September 1943 the Plaintiff applied to the Provincial Commissioner's Court under the provisions of the Native Administration Ordinance, for an order stopping the further hearing of the suit in the Tribunal and for its transfer to the Divisional Court for trial on the grounds that large sums of money had been collected from the properties in dispute by the Receiver appointed by the Tribunal, and that the Tribunal had not appeared anxious to administer justice speedily in the suit and that it had since closed for an indefinite period owing to the suspension of the then Ga Mantse. Accordingly, on the 25th September, 1943 the Deputy Provincial Commissioner ordered that the suit be transferred to the Divisional Court for hearing, and that all monies received by the Receivers and Managers appointed by the Tribunal should be deposited in the Divisional Court pending the hearing of the suit.
Pleadings were ordered by the Divisional Court on the 18th May 1944.
The Plaintiff alleges that Nii Owoo II who was known as George Owoo before he was appointed Head of the Owoo family, dealt with Owoo family property both before and after his appointment as head of t