OSEI YAW AND ANOTHER V. DOMFEH

APALOO J.S.C.

This is an appeal from the judgment of Djabanor J. delivered in the High Court, Kumasi, on 22 April 1963. That judgment sustained a claim by the respondent (hereinafter called the plaintiff) against the appellants (hereinafter called the defendants) for a declaration of title to two cocoa farms said to be situate at Sukubiri and Dentemen on Offinso stool land. The plaintiff’s claim of title to a dwelling-house described as No. NU 204, Nkenkassu, was disallowed.

This case has no comprehensive history and the facts are as simple as the issues sought to be determined. The plaintiff was one of the nephews of the late Kwadwo Addai. The evidence shows that Addai died at Nkoranza on 1 July 1961. The plaintiff claimed that the deceased died leaving a will in which all his properties were devised to him. The defendants were apparently unaware of the execution of a will by the deceased. They denied that there was any such will. But they took the position that even if such a will ex…