YEBOAH AND OTHERS v. KWAKYE

JUDGMENT OF OSEI-HWERE J.A.

Osei-Hwere J.A. delivered the judgment of the court. The properties in dispute may conveniently be lined up in two groups. In one group is the plot of land at Nsukwao, Koforidua which is partly developed into swish and cement-block buildings. In the other are the three cocoa farms at Suhien Aboye, a sugar-cane farm a Nsukwao, Koforidua Old Estate Road and a foodcrops farm near the cemetery, Koforidua. The cement-blocks building comprise one storey structure ( the main buildings and two outbuildings commonly called "boys quarters." Because all these building stand in close proximity, they have been registered at the Koforidua Municipal Council as one unit with the registration number T 29. The registered owner is given as Afua Pokua /J Y Donkor.

Afua Pokua (now deceased) was the mother of J Y Donkor, described as Yaw Donkor at the trial. Afua Pokua had two sisters and two brothers, namely Abenaa Mframa, Amma Tanoa, Kwame Adjabeng and Tuffour. It does appear Amma Tanoa predeceased Afua Pokua. On the death of Afua Pokua her sister Abenaa Mframa was by-passed as her successor because she had voluntarily disclaimed her ties with her matrilineal family. Consequently her only surviving child, Yaw Donkor, was appointed successor. On the death of Yaw Donkor his family appointed Kwaku Kwakye, the son of Abenaa Mframa (the plaintiff herein ) to succeed. The plaintiff mounted this action now on appeal against the defendants because Yaw Donkor, by his will, purported to dispose of the disputed properties to his wife and children.

The plaintiff made the following averments in paragraph (3) of his statement of claim:

"(3). The house situated at Nsukwao, Koforidua and known as house No. T 29, the farms more particularly described in the writ of summons and the undeveloped plot were originally built, cultivated and acquired by Madam Afua Pokua."

In answer to the above, the first to fourth defendants (who contested the suit pleaded in paragraph (3) of their defence that the plot on which house No. T 29, was built was bought by Yaw Donkor consisting of three mudrooms. The plaintiff challenged this in his reply by the following:

"(3). The plaintiff says that the house was built by Madam Afua Pokua and roofed by Kwabena Anane the head of family. Okomfo Kwadwo father of Afua Pokua gifted the land on which house No. T. 29 stands to Afua Pokua."

These averments by the plaintiff admit, in short, that Afua Pokua built house No T 29 and cultivated