OLLENNU J. The plaintiff in this case claims a declaration of title to a piece or parcel of land with buildings thereon situate at Aburi and for an injunction restraining the defendants from interfering in any manner whatsoever with his ownership, possession and occupation of the land. The claim is made by the plaintiff in his capacity as head of the family of Adolf Senhard Amankwa Mensah to which the late Martin G. Donkor and Albert Afwireng Donkor belonged. In his statement of claim, the plaintiff pleaded purchase of the said land by the two brothers Martin G. Donkor and Albert Afwireng Donkor from one A. D. Schall. He alleged that the first defendant company filed notices for the sale of the said property and in spite of warnings they wrongfully entered thereon and caused it to be sold in satisfaction of ,a debt due to them from his uncle, the late Martin G. Donkor; and, that the second defendant was the highest bidder at the sale and now claims ,ownership of the property. In the statement of the defence filed on behalf of the defendants the averment of ~he plaintiff that the property was family property purchased by the two brothers was denied, and it was therein averred on the contrary that it was individual selfacquired property of the said Martin G. Donkor.
The plaintiff led oral evidence that the property was purchased jointly by the two brothers, his uncles, the said Albert Afwireng Donkor and Martin G. Donkor, who later built upon it, and that the premises ,became family property upon the death of these two brothers. In support of the oral evidence the plaintiff tendered in evidence an indenture of conveyance dated April 18, 1934, executed by one Augusta Deisa Schall of Teshie in favour of the said Albert Afwireng Donkor .and Martin G. Donkor.
It has not been denied that the subject-matter of the indenture is the property now in dispute. The indenture is therefore evidence that the property in dispute is not the individual self-acquired property of Martin G. Donkor, but the joint property of Albert Afwireng Donkor .and the said Martin G. Donkor. If there had been no evidence as to the erection of the building on the land in dispute and the dispute had been in respect of the bare land, it might be said, under Errglish law, that the conveyance to the two brothers created a joint tenancy with
.a right of survivorship such that the survivor of .the two brothers, namely Martin G. Donkor, became the absolute owner on the death -of his joint-owner
