GRACE AYELEY WELBECK v. GRACE OKAIKAI OKINE

JUDGMENT

ATUGUBA J.S.C.

Facts of the Case

The facts of this case are fairly well stated in the Plaintiff/Respondent/Respondent’s Statement of case dated 2/1/2014 as follows:

“By a Deed of Gift dated the 8th day of June, 1959 the James Town Stool conveyed a parcel of Land to the late Madam Regina Naa Oyoe Mills [Deceased]. She subsequently built two twin houses on the said land which became known as H/No. A 303/7, the subject matter of this instant suit.

Madam Regina Naa Oyoe Mills, being a native of James Town, Ga Mashi practiced the matrilineal system of inheritance. She died intestate on the 21st day of August, 1973.

After her death her two surviving children Madam Harriet Thompson and Rgina Aku Sackey took out Letters of Administration from the Circuit Court, Accra on the 14th day of May, 1991 to administer the estate of their late mother. On the 6th day of August, 1991, they executed a vesting Assent and vested the disputed property unto themselves.

They, subsequently empowered by the Vesting Assent put up the property for sale and same was sold to the Defendant/Appellant/Appellant. In her quest to occupy and take possession of the property, the defendant had opposition from the Plaintiff/Respondent/Respondent and her children as a result of which she caused her Solicitors to write to the defendant on the 1st day of October, 1991. Notwithstanding Notice of the said letter, the defendant/Appellant/Appellant went ahead to execute the sale Agreement dated 31st October, 1991. It is against this background that the Plaintiff/Respondent/Respondent caused her solicitors to sue out a writ of summons in the High Court as follows “The Plaintiff’s claim as a member of the maternal family of Regina Naa Oyoe Mills for and on behalf of the Regina Naa Oyoe Mills maternal family is for

a. A declaration that the alleged or purported sale of House No. A 303/7 situate at Old Dansoman, Accra by Madam Harriet Thompson and Madam Regina Aku Sackey to the defendant is null and void.

b. An order setting aside the said sale.”

It must be pointed out that the trial High Court granted the reliefs claimed by the Plaintiff, and same were affirmed by the Court of Appeal.

It must also be stressed that the Plaintiff /Respondent/Respondent is the daughter of Regina Aku Sackey(deceased) one of the two sisters who sold the property to the Defendant/Appellant/appellant.

The right to dispose of the self-acquired property of a woman, subject to the matrilineal system of inherit