LARBI V. CATO AND ANOTHER

GRANVILLE SHARP J.A.

The plaintiff in this action has appealed to this court against the judgment of Ollennu, J. dated the 28th January, 1959, by which the learned judge dismissed the plaintiff’s claim to a declaration that a certain property, viz. House No. C276/1 (otherwise known as Obuadabang Terrace, Fanofa, Adabraka, Accra) is family property of the Obuadabang family of Larteh, of which family the plaintiff is the head. Ancillary relief claimed, and also refused by the learned judge, was

(a) delivery to the family of the title deeds of the property,

(b) delivery of possession of the house by the second defendant to the plaintiff, and

(c) an account of all rents collected by the second defendant in respect of the premises.

The basic claim that the house was family property was grounded upon the following averment contained in paragraph 3 of the statement of claim:-

“In or about the year 1937 the said Ansah Obuadabang Larbi with the financial assistance of various members of the said…