TORSHIE ADJUAH, as head of the family of the late DEDE ADOWAH of Christiansborg v. FLORENCE AMA SCHANDORF AND OTHERS
1948
HIGH COURT
GHANA
CORAM
- COUSSEY, J
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Contract Law
1948
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Land Court, per Cousse y J., dismissed the suit by Torshie Adjuah’s family seeking a declaration of title, damages for wrongful sale, and recovery of possession of a Christiansborg property. The court traced related litigation in the Ga Mantse’s Tribunal and a transfer from Ga Native Court “B” to the Land Court. The plaintiff’s theory that the land was granted to Dede Adowah and the house built by multiple grandchildren was rejected. The plan and building permit bore B. A. Adjeitey’s name; he mortgaged to E. H. Schandorf, and the property was sold pursuant to the mortgage power of sale to J. N. Tetteyfio. The judge found the plaintiff’s witnesses unconvincing, accepted evidence of the permit’s custody through the mortgagee and purchaser, and held that casual labour does not transform individual property into family property. Concluding that the building belonged to Adjeitey, the court entered judgment for the defendants with costs.
Judgment:
This action was transferred from the Ga Native Court " B " to the Land Court on the 20th September, 1947, on the application of the defendants:
The plaintiff's claim is for-
" (a) Declaration of the title of the plaintiff's family as against all three defendants jointly to All that piece or parcel of land with the unfinished buildings thereon hereinafter more accurately described:
" (b) £25 damages as against the first two defendants jointly for the wrongful sale of the said piece or parcel of land by their Agent Mr. D. S. Quarcoopome, Licensed Auctioneer, and
" (c) Recovery of Possession as against the third defendant only of the said piece or parcel of land with the buildings thereon to wit:All that piece or parcel of land with buildings thereon situate at Christiansborg, Accra, bounded on the North by Torgbor Abeblenseh's land measuring 110 feet more or less on the South by Ernestina Takiwah's House measuring 110 feet more or less on the East by Throas Hill Land measuring 90 feet more or less and on the West by Torgbor Abeblenseh's land measnring 90 feet more or less."
There have been previous proceedings in the Ga Mantse's Tribunal relating to this property in the suit of Daniel Nortey v. Atta Yebua and F. A. Schandorf and others. In that action the plaintiff, as head of the Torgbor Abeblenseh family, hod claimed a declaration that the land and the building thereon were the family property of the Torgbor Abeblenseh family and not the individual property of Benjamın Adjei Adjeitey, and an Injunction to restrain the sale of the property by an Auctioneer who was a defendant in the suit. It seems that the property was sold at auction as the property of B. A. Adjeitey before a Motion Paper for an Interim Injunction to stop the sale was either served on the defendant or heard by the Tribunal although such an Injunction was claimed by the Writ of Summons.
The action of Daniel Nortey was transferred to the Divisional Court. It finally came into the Land Court.
The Statement of Claim in that suit is of interest because the claim then was that the Abeblenseh family owned the land and buildings; that the land had been acquired over 80 years ago by the founder of the Torgbor Abeblenseh family, and that the building thereon had been erected jointly by J. C. N. Odonkor, C. T. Odonkor and five female members of the family headed by B. A. Adjeitey and that they were in possession of the land and building as grandchildren of Obodai Abeblenseh, for and