MRS. MARY JONES NELSON, SUCCESSOR AND HEAD OF THE LATE AKOCHOE'S FAMILY v. H. P. C. OCANSEY AND OTHERS
1948
HIGH COURT
GHANA
CORAM
- QUASHIE-IDUN, J
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Family Law
1948
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case concerns the status and management of land in Accra associated with the Palladium Cinema and Ocansey’s Stores. The chain of title begins with a 1896 mortgage by Francis Pompeianus Fearon to Korkoi, foreclosure, auction purchase by D. A. Tackie, and a 1905 conveyance to Florence Ayitey, sister of Korkoi and head of the Akochoe family. Florence, childless, treated and dealt with the land as family property with the assent of senior family members, including leases to Alfred John Ocansey in 1922 and a subsequent lease by Beatrice Bruce in 1932. After rent collectors failed to remit in 1943, Beatrice demanded direct payment; defendants withheld. The plaintiff, later substituted as head of family, sought arrears and ejectment. The court held the land is Akochoe family property, found the plaintiff properly appointed, ordered arrears from 24 August 1943, and denied ejectment due to statutory tenancy under Defence Regulations.
Judgment :
The original action in this case was instituted by Mrs. Beatrice Bruce, the mother of the present plaintiff against the defendants and the claim was for £350 arrears of rent in respect of property leased to the defendants and for an order for ejectment.
The defendants obtained an order of the court for the joinder of Margaret Tackie as co-defendant.
Pleadings were ordered and filed by the parties and as between the original plaintiff and the co-defendant, the issue was whether the property in respect of which the rents were being claimed belonged to the plaintiff's family over which she was the head or whether it belonged to the co-defendant. The case, however, has had a very checkered career. At a certain stage of the proceedings, I referred the question as to whether the property was family property or not to be enquired into by the Ga Native Court and for a report to be submitted to the court. The report was duly submitted and I called for the copy of the proceedings. For reasons stated by me I did not accept the report and decided to hear the case. Mrs. Beatrice Bruce, however, died and the present plaintiff
was substituted in her place. Hearing was commenced with an Assessor. After the close of the plaintiff's case I ruled that she had not been properly appointed as successor of the head of the family and dismissed her from the suit. Another application was made for the substitution of plaintiff as head of the family. It was granted.
Although at the hearing, counsel for the co-defendant sought to prove under cross-examination of plaintiff and her witness that she was not properly appointed as head, no evidence was led to disprove that the appointment was not made in accordance with native custom. I hold therefore that the plaintiff has been properly appointed as such head and is entitled to represent the family in this suit.
The facts of the case as between the plaintiff and the co-defendant are as follows:-On the 20th April, 1896, one Francis Pompeianus Fearon of James Town, Accra, mortgaged a piece of land situate at Accra to Korkoi for £154. 14s. Korkoi was the mother of the co-defendant and a sister of Florence Ayitey and Mrs. Beatrice Bruce. The mother of Korkoi, Florence Ayitey and Mrs. Beatrice Bruce was Akochoe. Korkoi died on the 10th September, 1903 (vide Exhibit "1" Ketters of Administration). After the death of Korkoi the mortgage was foreclose by Florence Ayitey who had obtained Letters of Administration in respect of the