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(1962) JELR 68177 (HC)

High Court  •  13 Jun 1962  •  Ghana



DJABANOR J.: This is an appeal from the judgment of the Amansie Local Court Division 1, Bekwai, dated the 25th January, 1961, by which that court gave judgment for the plaintiffs-respondents “for the title and ownership of house No. T.F. 30 Bekwai.”

The first respondent claimed that the house was built by the late J. E. Morgan who died intestate, and that he as the accredited head of the deceased’s family was entitled to the ownership of the house which by the death of J. E. Morgan had become family property. The appellant based her title to the premises on what she alleged was a valid gift to her. under custom by the late J. E. Morgan who was her husband.

The issue was a clear-cut one. It was for the appellant to prove the alleged gift to her by custom. In the judgment of the Land Court, Accra, in Asare v. Teing1(1) the court summed up the essentials of a valid gift as follows:

“The essentials of a valid gift made in accordance with customary law are: publicity, acceptance, and placing …

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