NARTEY AND OTHERS vs. KOSHI AND ANOTHER

This an appeal from judgment of the Dangbe Shai Local Court, Division II, delivered on the 3rd May, 1961. Counsel for the defendants-respondents said of that judgment that it is indefensible, and that is what it really is. The appellants are some of the children of late David Kwabla Nartey, deceased. The first respondent is a widow of the said David K. Nartey by marriage under customary law, and the second respondent is also a child of the said David K. Nartey by the first respondent. This action was instituted because the respondents have taken possession of the properties comprised in the estate, claiming that they are the successors to the said David Kwabla Nartey. The local court having heard the evidence proceeded to make findings some of which are irrelevant to the matters in issue; to make pronouncements for which there is no legal authority; and to make orders which are ultra vires the local court. For example, the local court held that the appellants are illegitimate chi...