YAHAYA V. YAKUBU

JUDGMENT

EDWARD WIREDU J.

On 31 January 1977 I gave judgment for title to the disputed house in favour of the plaintiff and dismissed the defendant's counterclaim. My reasons are as follows: The plaintiff and those on whose behalf she maintains this action are all children of one Shetu Dagomba of Tamale, now deceased. The defendant is the eldest son of one Yakubu, deceased, also a son of this same Shetu Dagomba by an earlier marriage. The deceased, Shetu Dagomba during her lifetime married twice. She had two issues, namely, Yakubu (the father of the defendant) and Bibata the person through whom he (defendant) is claiming title to the disputed house by her first marriage. The plaintiff and those on whose behalf she sued are the children born to her by her second marriage.

The controversy between the parties is about ownership of house No. B.160, Tamale. It is the contention of the plaintiff that the disputed house was the self-acquired property of her deceased mother whilst the defendant …