LOUIS HANTO v. IDA HANTO & OTHERS

JUDGMENT

AYEBI J.A.

The subject-matter of this appeal is House No.ZE 187, Alabar-Kumasi. The trial judge dismissed the plaintiff/appellant’s prayer for a declaration that, the house is the property of the Hanto family but upheld the counter-claim of the 2nd to 4th defendants. Aggrieved by the decision of the trial High Court, the plaintiff has appealed to this court.

The claim of the plaintiff/appellant at the High Court is for:

1. A declaration that H/No.ZE187, Alabar-Kumasi is a family property.

2. A declaration that the purported sale of the said house by 1st defendant to one Alhaji Mumuni Adul Oldman (deceased) is null and void and of no effect.

3. A declaration that 1st defendant herein has no authority to sell family property without the consent and concurrence of other family members.

4. Perpetual injunction restraining defendants, their agents, assigns and all those who claim through them from interfering with the quiet and peaceful enjoyment of the said house by the Hanto family.

The 1st defendant did not enter an appearance to the writ of summons. But 2nd to 4th defendants did. A joint statement of defence which was amended was filed on their behalf and they counter-claimed as follows:

1. A declaration that title to the House Plot No.ZE 187, Zongo Extension, Kumasi was vested in the 1st defendant and consequently had capacity to assign same to Alhaji Mumuni Oldman.

2. Recovery of possession of the House No. Plot 187, Zongo Extension, Kumasi.

3. An order ejecting all licensees occupying the said house No.Plot 187, Zongo Extension, Kumasi.

4. Perpetual injunction restraining the plaintiff, his relatives, agents or servants from having any dealings with the said house.

As declared in the title of the suit, the plaintiff says that he is the customary successor of a Martin Hanto and the head of the Hanto family in both Togo and Kumasi. His case is that in 1932, the property was registered in the name John Marshal Hanto as the eldest of his siblings. The siblings were David Hanto, Josephine Hanto and Martin Hanto. According to plaintiff, John Marshal Hanto originally built the house for and on behalf of his siblings. John Marshal Hanto could not complete the house before he passed away in 1957. His siblings namely, David, Josephine and Martin as his successors continued with the construction respectively. But it was Martin who completed the construction of the house during his tenure which ended in 1995/96. Plaintiff says his prede