PETERS v. PETERS

This is an appeal from the judgment of Ollennu J. (as he then was) given on the 29th January, 1962, in the High Court, Accra, by which he dismissed the claim of the plaintiff against the defendant for the sum of £G150 being her share of rents which had come into the hands of the defendant.

The following statement of the facts are taken from the judgment of the learned trial judge1:

"A man by the name of Alfred George Peters, late of Accra, had four children, namely: Mary Adeline Addo (nee Peters), George James Peters, John Archibold Biala Peters and Robert Alexander Gaskin Peters. The first two, Mary Adeline and George James had different mothers, but the last two, John Archibold Biala and Robert Alexander Gaskin had one mother. The plaintiff is the daughter of George James Peters.

Robert Alexander Gaskin Peters left home in 1923, and their father died on the 19th August, 1924. By his will, probate of which, exhibit A, was granted on the 11th October, 1924, to the executors named therein, Alfred George Peters devised, among other real properties, a piece of land situate on Club Road, Accra, to all his four children in equal shares. George James, the father of the plaintiff died on the 11th October, 1952.

By a deed dated the 11th November, 1955, Mary Adeline, John. Archibold Biala on behalf of themselves, and the plaintiff as personal representative and successor by customary law to her late father George James, demised the said Club Road property to one Mouhamed Aid Traboulsi, a Lebanese trader. It was recited in the said deed that Robert Alexander Gaskin 'left the Gold Coast (now Ghana) for Europe over 30 years ago without leaving any address nor has been heard of ever since his departure and his death can safely be presumed and without leaving any issue after him surviving to succeed to his individual share.'

In accordance with the terms of the said lease, the tenant paid an amount of £G6,120 to the landlords as rents in advance. The defendant paid one-fourth of that amount to the plaintiff as her father's share. The, plaintiff, however, claims that she is entitled to one-third and not one-fourth, share of the said estate, and has now sued the defendant claiming an amount of £G150 the difference between one-third and one-fourth shares of the rents paid in advance."

The plaintiff's claim was based on exhibit B, a lease made between, herself, the defendant and his half-sister Mary Adeline Addo as landlords on the one hand and a Mr. Traboulsi as tenan