MENSAH v. LARTEY

JUDGMENT OF AKUFO-ADDO J.S.C.

One Robert Tetteh a native of Osu (Christiansborg) had three wives who were natives of Osu, Labadi and Accra in Ga Mashie respectively. By all three wives he had children whose number does not [p.93] appear on the evidence. The said Robert Tetteh was the owner of a piece of land with a building thereon situate at Osu.

In 1919 he conveyed this property by a deed to three of his children, namely, Edward Daniel Lartey (hereinafter called Edward), Jacob George Laud Lartey (hereinafter called Jacob) and Emmanuel Tetteh Lartey (hereinafter called Emmanuel) by way of absolute gift to be held by them in trust for themselves and their brothers and sisters. The three children aforesaid were respectively children of the three wives and each of them was the eldest of his mother's children.

In 1921 the property was seized in execution of a judgment recovered by Messrs. Guinea Trading Association Limited against Jacob. Edward issued an interpleader summons to get the property released from attachment but he failed, and the property was sold and was purchased by one H. P. Swaniker. Edward subsequently negotiated with the said H. P. Swaniker for the sale of the property to him. Swaniker agreed to sell it for £240 and Edward paid £160 on account of the price. Edward died in July 1942 not having paid the full price of £240. Matilda Lartey (hereinafter called Matilda) a sister of the full blood of Edward became Edward's successor and paid to Swaniker the balance of £80 due on the price of the property, and Swaniker thereupon by a deed of conveyance made on the 30th April, 1948, conveyed the said property to Matilda absolutely.

A dispute which later arose among the children of the said Robert Tetteh concerning this property was submitted to arbitration. The arbitrators by their award declared the house "family property," appointed Matilda to be the head of the said family and Jacob to be an assistant head. They also appointed Emmanuel (the defendant) an agent of Matilda "to collect the rents and to render correct account to her (i.e., Matilda) through her assistant." When Edward died in 1942 letters of administration of his personal estate was granted to his two sisters Matilda Lartey and Grace Lartey both of the full blood. Grace predeceased Matilda who died in 1954. The plaintiff, a maternal nephew of Edward was after Matilda's death granted letters of administration de bonis non in respect of Edward's personal property, and he claimed to