ESHUN V. JOHNFIA

TWUMASI J.

The plaintiffs, all petty traders, are surviving children of the late Ato Kwamina Essuman of house No. 70/8, Third Street, Sekondi. The defendant is the customary successor of the said Ato Kwamina Essuman (deceased). House No. 70/8, Third Street, Sekondi and five others were built on lands not family property by the plaintiffs’ said father and by his own exertions, unaided by the members of his family.

That the late Ato Kwamina Essuman in his lifetime was ebulliently well-to-do is borne out by the numerous houses which he died possessed of. But true to the inexorable ironies of fate, this prosperous man did not live longer to enjoy the fruits of his labours. Upon his death, his uterine nephew, the defendant herein, was appointed his customary successor. The latter now lives with the plaintiffs in one of the houses, namely house No. 70/8, Third Street, Sekondi. The remaining buildings are: one at Nkroful junction near Ketan, one at Ekuase near Sekondi, three at Essaman, also …