MAHAMA HAUSA AND OTHERS V. BAAKO HAUSA AND ANOTHER

BENTSI-ENCHILL J.S.C.

The subject-matter of these proceedings is a parcel of land with buildings on it, known as house No. C.32 Navrongo. It was once owned by one Salifu Tailor, a Hausa man whose parents originally came from Kano in Northern Nigeria. Salifu Tailor had died some three years prior to the action without leaving any issue. The dispute arose when the first defendant, one Mahama Hausa, a cousin of Salifu Tailor, purported to sell Salifu’s said property to the second defendant, one Alhaji Seidu Kantosi, a stranger to the family.

The plaintiffs, who are acknowledged by the defendant to be paternal brothers and sisters of the deceased Salifu Tailor, challenged the first defendant’s right to alienate the said property and brought the action herein claiming a declaration of title to the property and a declaration that any purported sale of it by the first defendant is null and void.

This claim was hotly contested on three principal grounds, and backed up with a counterclaim for a d…