NTI AND ANOTHER v. ANIMA AND ANOTHER

JUDGMENT OF ABBAN J.A.

The appellants sought two reliefs in the High Court, Koforidua. First, for a declaration that house No. C/71 situate at Asamankese and bearing the name of Kwame Kuma (now deceased) was the property of the appellants' family; and secondly, an order to set aside the sale of the said house by the second respondent to the first respondent. On 13 October 1983, the learned High Court judge gave a judgment in which he refused to grant the appellants any of the reliefs they had asked for and dismissed the action.

It is essential for a better understanding of the case to state fully the rival stories canvassed by the parties before the trial court. The appellants (hereinafter referred to as the plaintiffs) by their pleadings and in their evidence contended that the house in dispute had been their family property on the basis that one Amma Odum, a member of the plaintiffs' family, originally owned the land on which the house now stands. They alleged that this Amma Odum in her lifetime put up a house on a portion of the land. But during the construction of a road from Asamankese to Suhum, part of the building was damaged; and only about four rooms in the house were not affected: So the whole house had to be demolished; and since the said Amma Odum had no money to rebuild a new house on the same site, she appealed to members of her maternal family who agreed to contribute ¢400 each towards the cost of the reconstruction. The principal members contributed and the total amount of ¢4000 which was realised was given to Amma Odum who in turn gave it to one Kwame Kuma also a member of the family, with instructions that he, Kwame Kuma, should see to the reconstruction of the house.

Apart from the ¢4,000, the plaintiffs said Amma Odum gave one of her cocoa farms to Kwame Kuma to utilise the income therefrom to supplement the cost of the building project. According to the plaintiffs, Kwame Kuma put up the building as directed by Amma Odum with the funds as provided by members of the family. The new house on its completion was numbered C/71, Asamankese. The rebuilding took place about 34 years ago and Amma Odum died in December 1972 or thereabout and Kwame Kuma also passed away about April or May 1974. The first plaintiff, who gave evidence for himself and on behalf of the other plaintiff, concluded his evidence-in-chief in the manner as follows:

[p.137]

"House No. C/71 is a family house. The family never gave Kwame Kuma any authority to deal with