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(1959) JELR 68899 (HC)

High Court  •  28 Jan 1959  •  Ghana




(His lordship stated the facts, and continued)

The late Mr. Larbi died on the 30th September, 1956, and a certified copy of Probate of his Will formed part of the evidence led on behalf of the plaintiff. Paragraph 7 of the Will gives the history of the premises in dispute, and is in conflict with the plaintiff’s claim.

The plaintiff’s claim is based upon the well-established principle that where members of a family assist another member of the family with money, materials or labour to build on that other’s self-acquired land, the members so assisting acquire, at the death of the builder, certain rights with respect to the house so build - the house becomes family property (Welbeck and ors. v. Brown and anor. (Sar. F.C.L. 160)). Further, property acquired from profits of family property is itself family property (Tsetsewa v. Acquah and anor. (7 W.A.C.A . 216)).

The native law or custom which the Supreme Court recognises and administers must be such as, in the language of sectio…

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