FRED KPODO TAMAKLOE OF ACCRA AND OTHERS v. CHIEF ATTIPOE OF KETA AND OTHERS
November 7, 1951
HIGH COURT
GHANA
CORAM
- JACKSON, J
Areas of Law
- Probate and Succession
- Property and Real Estate Law
- Equity and Trusts
November 7, 1951
HIGH COURT
GHANA
CORAM
AI Generated Summary
Jackson, J. determined disputes concerning the late Emmanuel Nelson Tamakloe’s self-acquired property at D.907/3, Pagan Road, Accra. After Tamakloe mortgaged the property to E.Z. Nassar and began redemption proceedings, he died. Chiefs Attipoe and Tamakloe continued the action, paid the redemption sum, and obtained reconveyance in 1944. In June 1948, the Family appointed Emmanuel Washington Kwasivi Tamakloe as successor. A family meeting authorized Attipoe and Tamakloe to lease the property to raise funds; they leased to Hashem Karoum on 13 September 1949. Plaintiffs—some of Tamakloe’s nine children—sought an accounting and to set aside the lease. Applying Anlo customary law and Section 74(1) of the Courts Ordinance, the court held the children are sole beneficiaries, ordered Attipoe and Tamakloe and the successor to account for rents and receipts, directed assignment of the lease to the successor for the beneficiaries, and dismissed the claim to set aside the lease.
Judgment:
The following are the facts which are not in issue. The late Emmanuel Nelson Tamakloe owned property situate in Pagan Road, Accra. In 1940 he mortgaged that property to E. Z. Nassar. In 1942 the mortgagor commenced an action against the mortgagee to redeem that property. Emmanuel Nelson Tamakloe died on the 1st January, 1944 and before that action had been concluded. Chiefs Attipoe and Tamakloe were appointed by the Family to continue these proceedings and they were substituted as plaintiffs in place of the late Emmanuel Tamakloe. On the 28th March, 1944, the court decreed that upon payment of a certain sum found to be due to Nassar that the property should be reconveyed to Chiefs Attipoe and Tamakloe as heads of the family of the deceased. In due course £1,2792" " s. Od. was paid to Nassar and by a Deed dated the 18th September, 1944 the property was reconveyed to the said heads of the family.
In 1948 an action (1) came before Coussey, J. in which Chiefs Attipoe and Tamakloe claimed from Bishara Shoucaire £136, being arrears of rent in respect of a store in the premises at D. 907/3, Pagan Road for the period 1st December, 1943 to 30th September, 1946.
Shoucaire pleaded payment to Frederick Kpodo Tamakloe, the eldest son of the late Tamakloe, and the firm known as Messrs. F. & M. Khoury then joined the action claiming that Frederick Kpodo Tamakloe had leased the property to them from the 1st April, 1946, for a period of 90 years at a rental of £72 per annum of which an advance for the first 50 years amounting to £3,600 had been paid to Fred Kpodo Tamakloe.
The late Tamakloe left nine children and by Anlo customary law, which binds the parties before me, they alone had any seneficial interest in that property and their interests are said to be equal. The learned Judge held that the lease to Khoury was void by customary law on the ground that all of the principal children had not concurred in the granting of that lease. Those who granted that lease and received the £3,600 are the plaintiffs in the action now before me. That judgment was delivered on the 4th May, 1948. At page 5 of a judgment of Smith, J. (2), delivered on the 4th January, 1950, Mr. Bossman, solicitor for the Chiefs Attipoe and Tamakloe, writing to a Mr. Seraphim, one of the, tenants of the property, on the 24th May, 1948, said:-
"Accordingly the Chiefs Attipoe and Tamakloe paid to redeem the properties and now hold a conveyance of the same as trustee until repayment to them of