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STEPHEN DEI QUAYNOR v. A.J. KWAKU AND OTHERS

1950

HIGH COURT

GHANA

CORAM

  • Wilson, C.J

Areas of Law

  • Property and Real Estate Law
  • Probate and Succession
  • Evidence Law
  • Civil Procedure

AI Generated Summary

On appeal from the Ga Native Court ‘B’, Wilson, C.J. reviewed a dispute over House No. F. 341, Christiansborg, which the plaintiff bought at an April 1939 auction and claimed a two-thirds share and partition based on a deed executed by Alfred Edmund Okantey as administrator of his late father S. R. Okantey’s estate. The deed’s testatum included an all-estate clause and purported to convey a whole interest. Applying Halsbury and English authority on all-estate conveyances and Conveyancing Act 1881 s.63, the court held that the deed operated to pass whatever interest Okantey actually had, but as administrator he lacked power to sell estate assets and there was no evidence of co-heirs’ consent. Thus only Okantey’s personal share within the undivided two-thirds under Marriage Ordinance s.48 could pass. The appeal was allowed; the dismissal set aside; and the court ordered further evidence to identify co-heirs to quantify the precise share conveyed.

JUDGMENT