OBENG V. BEMPOMAA

LAMPTEY JA.

On the 20 December 1974 Moses Yaw Obeng made a will and by clause 2 devised house No 36 Agogo in the Ashanti Region to his wife, Felicia Bempomaah (the respondent herein) and her children. Death laid its icy hands on Moses Obeng on 14 January 1983 at Agogo Ashanti. When the will of the deceased Moses Obeng was read after his death, Isaac Kwaku Obeng, in his capacity as head of the family and customary successor of the deceased, authorised one Seth Oduro Amaa to sue the respondent for a declaration that house No 36 Agogo Ashanti was family property, not the self-acquired property of the deceased, Moses Obeng. Additionally, the plaintiff sought the following ancillary reliefs: recovery of possession and perpetual injunction. He also sought an order striking out clause 2 of the will. At the conclusion of the hearing of the case, the Kumasi High Court judge dismissed the action. Aggrieved by the judgment, the plaintiff appealed to this court.

Two grounds of appeal were argued on…