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(1983) JELR 68584 (HC)

High Court  •  16 Mar 1983  •  Ghana



TUMASI J.: This is an appeal from the judgment of the District Court Grade II, Axim. An action was instituted against the appellants herein by the respondent. For the purpose of this appeal, I would refer to the respondent as the plaintiff and the appellants as the defendants. The evidence adduced at the trial showed that the plaintiff and the defendants were members of the same family who traced their immediate ancestry to a woman called Amoo Yaaba who begat Amose Tanueh and J. E. Cudjoe. Assisted by her two children, Amoo Yaaba and a sister of hers by name Kwabla-ba jointly put up house No. 115, Lower Axim. Amoo Yaaba, Kwabla-ba and J. E. Cudjoe had all died at the time this action was instituted leaving Amose Tanueh as the only survivor among those who put up the house.

As the law clearly states, where two or more members of a family acquire property by their joint efforts the property assumes the character of family property: see Sarbah, Fanti Customary Laws, p. 57. The plaintiff a…

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