[1960]DLCA309 • June 6, 1960 • Court of Appeal
LARBI vs. CATO AND ANOTHER
The appellant, head of the Obuadabang family of Larteh, claimed that House No. C276/1 (Obuadabang Terrace) in Accra was family property, built with family funds by the deceased Ansah Obuadabang Larbi. The deceased had conveyed the property by deed of gift to his son and confirmed this in his will. The appellant sought declaration of family ownership, delivery of title deeds, possession, and account of rents. The defendants were the son (donee) and widow (possessor) of the deceased. The trial judge dismissed the claim, finding the property was the sole property of the deceased and subsequently his son.
read moreJUDGMENT OF GRANVILLE SHARP J.A. Granville Sharp J.A. delivered the judgment of the court: The plaintiff in this action has appealed to this court against the judgment of Ollennu, J. dated the 28th January, 1959, by which the learned judge dismissed the plaintiff’s claim to a declaration that a certain property, viz. House No. C276/1 (otherwise known as Obuadabang Terrace, Fanofa, Adabraka, Accra) is family property of the Obuadabang family of Larteh, of which family the plaintiff is the head. Ancillary relief claimed, and also refused by the learned judge, was (a) delivery to the family of the title deeds of the property, (b) delivery of possession of the house by the second defendant to the plaintiff, and (c) an account of all rents collected by the second defendant in respect of the premises. The basic claim that the house was family property was grounded upon the following averment contained in paragraph 3 of the statement of claim:- “In or about the year 1937 the...