SAAKA V. DAHALI

TAYLOR JSC: We have already allowed the appeal in this case, reversed the decision of the High Court and given judgment in favour of the plaintiff - appellant but we reserved our reasons for the said judgment. I now proceed to give the reasons why I concurred in the decision to allow the appeal. A brief resume of the genealogy of the litigants and the facts which have led to this dispute are very necessary to an understanding of the judgment.

The plaintiff who is the appellant before us is the daughter of one Saaka Dagomba who from the evidence must have died about 1948 or thereabout in Pong Tamale. She is his only surviving child. The mother of the defendant, the respondent herein, was one Nabia Dahali deceased, who was herself the daughter of a widow, one Napari Yemo, who also died many years ago.

The case which the plaintiff put up at the trial and which was accepted by the trial court was that her father, the late Saaka Dagomba built a house No G30 at Tamale during his lifetime and …