LARBI v. CATO AND ANOTHER
1960
COURT OF APPEAL
CORAM
- KORSAH
- C.J.
- VAN LARE
- J.A.
- GRANVILLE SHARP
- J.A
Areas of Law
- Property and Real Estate Law
- Civil Procedure
1960
COURT OF APPEAL
CORAM
AI Generated Summary
The plaintiff appealed against the judgment dismissing his claim that a property built by his deceased brother was family property. The deceased had conveyed the property to his son through a deed of gift and confirmed it in his will. The court found that the plaintiff did not provide sufficient evidence to prove the property was family-owned and dismissed the appeal.
JUDGMENT OF GRANVILLE SHARP J.A.
Granville Sharp J.A. delivered the judgment of the court: The plaintiff in this action has appealed to this court against the judgment of Ollennu, J. dated the 28th January, 1959, by which the learned judge dismissed the plaintiff's claim to a declaration that a certain property, viz. House No. C276/1 (otherwise known as Obuadabang Terrace, Fanofa, Adabraka, Accra) is family property of the Obuadabang family of Larteh, of which family the plaintiff is the head. Ancillary relief claimed, and also refused by the learned judge, was (a) delivery to the family of the title deeds of the property, (b) delivery of possession of the house by the second defendant to the plaintiff, and (c) an account of all rents collected by the second defendant in respect of the premises.
[p.148]
The basic claim that the house was family property was grounded upon the following averment contained in paragraph 3 of the statement of claim:-
"In or about the year 1937 the said Ansah Obuadabang Larbi with the financial assistance of various members of the said Obuadabang family of Larteh built house No. C276/1 situate at Accra-Nsawam Road, Fanofa, Adabraka, Accra."
The Ansah Obuadabang Larbi referred to was dead, and the plaintiff was his eldest surviving brother. The first defendant in the suit is the brother-in-law of the deceased, and the second defendant is the lawful widow of the deceased.
The deceased during his lifetime, by deed of gift dated 24th March, 1952, conveyed the property to his son Ansah Obuadabang Cato-Larbi for a consideration stated as follows:
"In consideration of the natural love esteem and affection of the donor for his son the donee and of the sum of twenty-five pounds (£25) paid to the donor by the donee on or before the execution of these presents (the receipt whereof the donor hereby acknowledges) and for divers other good causes and considerations . . ."
By his last will, executed and dated on the 19th September, 1952, the deceased in clause 7 expressly confirmed this last-mentioned deed of gift in relation to the house, and it will assist in an understanding of the case to set out this clause in extenso:
"7. I have already in my lifetime executed a deed of gift in respect of my house No. C276/1, which was erected by me in 1937, including the out-houses and garage which were erected in 1950, in favour of my son Ansah Obuadabang Cato-Larbi and his heirs. The main building and three Boys' rooms and the two kitchens