EMELIA DZIDZIENYO V. JANET DZIDZIENYO AND OTHERS

CHARLES J.: The plaintiff, who sues in her capacity as the successor of the late E. A. Dzidzienyo, sought the cancellation of a deed dated 24th October, 1957, by which the first defendant granted an under-lease of plots Nos. 123 and 125., Prince of Wales Road, Takoradi to the second defendant. The plaintiff’s complaint is that the plots in question are family property and as such the plaintiff is the person lawfully entitled to deal with them and that the first defendant fraudulently and without the authority, knowledge, consent and concurrence of the family purported to execute the under-lease in respect of the aforesaid plots.

E. A. Dzidzienyo was granted a lease by the government in respect of the said plots and he erected thereon a two-storeyed building. The government exercised its right of re-entry for breach of covenant, and re-entered, but subsequently offered the said two plots again to E. A. Dzidzienyo, who was ill in bed, four months prior to his death. Immediately after his…