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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

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