MARY EWUDZIE & OTHERS v. ELIZABETH JOHNSON & OTHERS

JUDGMENT

DZAMEFE, JA

This is an appeal from the decision of the High Court, Kumasi dated 25th day of January, 2016.

The plaintiffs/appellants hereinafter simply referred to as the plaintiffs issued a writ of summons against the defendants/respondents, simply defendants, for the following reliefs; -

a. A declaration that plot umber PSU/CIX ASAWASE ESTATE, Kumasi did not form part of the estate of Sampson Mills (deceased) and ought not to be administered as part of his estates.

b. A further declaration that the plaintiffs herein who jointly provided the purchase price for the acquisition of the said plot from the State Housing Corporation Ltd are entitled to the beneficial enjoyment for life of the said property.

FACTS

The plaintiffs in their statement of claim aver they are bakers living in Kumasi while the defendants are the Administrators of the estate of Sampson Mills (deceased). The plaintiff avers that their maternal grandmother, Ama Eyie was the maternal cousin of one Araba Nana. That Ama Eyie begat their mother Hagar Brown while Araba Nana begat the deceased Sampson Mills.

It is the case of the plaintiff’s that, a member of their family by name Madam Sophia York @ Sophia Ansah acquired Plot No.1 Block C Asawase, Kumasi from the State Housing Corporation (SHC). The plaintiff said their mother Madam Hagar Brown lived with the said Madam Sophia York in that house at Asawase.

The plaintiffs aver further that Madam Sophia York was a baker and carried out her business from that house while their mother Hagar Brown and other members of the family assisted her and also learnt the trade from her. Later, in a bid to be independent from Sophia York their mother Hager Brown, together with the defendants’ sister Comfort Mills and one Aba Akoa moved from Sophia’s house onto the parcel of land now in dispute and erected their own ovens and baked bread. This they said was in the middle of the 1970’s when that plot was designated as an “open space”. Other family members followed suit and erected their ovens thereon. Esi Guruba built and later transferred to 3rd plaintiff, Florence Gyasi built and transferred to 4thplaintiff, and 2ndplaintiff built her own oven and all of them worked on this parcel of land in dispute.

According the plaintiffs, the deceased Sampson Mills later joined them on the disputed land with the intention of establishing his aluminium pot business there. Later the deceased brought up the idea, they should apply to State Housing Corporat