MOSES AND OTHERS v. ANANE
December 12, 1983
COURT OF APPEAL
GHANA
CORAM
- APALOO C.J
- FRANCOIS
- EDWARD WIREDU JJ.A
Areas of Law
- Property and Real Estate Law
- Probate and Succession
- Evidence Law
- Civil Procedure
December 12, 1983
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Francois J.A., writing for a panel including Apaloo C.J. and Edward Wiredu J.A., reversed a Sunyani High Court judgment after reviewing a dispute over ownership of a storey-house on plot No 88, Area 4, Sunyani. The property, leased in 1966 by the Ghana Government to Kwadwo Mensah on a 99-year term, had been managed by Mensah as his own: he installed tenants and took rents without objection. After Mensah died in 1974, his probated will apportioned the Sunyani house and other property among his children and matrilineal family. Although the matrilineal family—led by the plaintiff-respondent—initially received its share via originating summons, the head later sued to claim the entire house as family property, alleging a £6,000 contribution and joint acquisition. The court found the evidence weak, contradictory, and inconsistent with accepted legal principles on estoppel and claims against deceased estates, and held the house was self-acquired, allowing the appeal.
JUDGMENT OF FRANCOIS J.A.
Francois J.A. delivered the judgment of the court. On 14 November 1983 we reversed the decision of the High Court, Sunyani in this appeal and reserved our reasons for a later date. We now proceed to give those reasons.
The simple issue in this matter was the determination of the ownership of a storey-house situate on plot No 88, Area 4, Sunyani. This plot of land was leased to the late Kwadwo Mensah by the Ghana Government on a 99-year lease in June 1966. Though there is not much evidence about the actual construction of the building or the manner in which rates, rents and other tax liabilities were levied or discharged, the late Kwadwo Mensah in his lifetime treated the property as his own, absolutely. The plaintiff-respondent had to concede that the late Kwadwo Mensah put in tenants as he pleased and enjoyed exclusively the rents accruing from the house. Further, in his lifetime no protest or challenge to the proprietary nature of his administration of the property was remotely advanced. Thanks to the help Kwadwo Mensah received from his patrilineal family, he made something of his life and did not waste away at home. At Kumasi and Bawku, his thrift, business acumen and high sense of responsibility bore fruit.
Kwadwo Mensah died on 1 January 1974. In devises and bequests in his will he apportioned the Sunyani house and other personality to his children and his matrilineal family in what he described as customary shares. Probate of his will was obtained on 15 May 1974. There has never been an issue or dispute as to the validity of this will.
After a lapse of two years, the executors must have appeared tardy to the plaintiff-respondent over the honouring of the deceased's wishes to the matrilineal family. Consequently she, as head of that family, sought by an originating summons a determination of the family's rights to the immediate enjoyment of the properties bequeathed to the family including their portion of the Sunyani house. The plaintiff's avowed aim of proceeding by summons was set out in [p.696] an affidavit of 14 September 1974, which complained in paragraphs 5-11 thereof of the discrimination exercised by the executors of the will in failing to discharge their duty towards the plaintiff-respondent's family while performing promptly their obligations to the other beneficiaries. The summons was heard and a determination in favour of the plaintiff-respondent pronounced on 9 December 1976, and she in due course receiv