[1961]DLHC667 • June 9, 1961 • High Court
ATTA PANYIN AND ANOTHER vs. ASANI II
The respondent, as head of the family of the late Frederick George Augustt, claimed title to land originally granted by the Richter family to the late Frederick George Augustt. After Frederick's death in 1922, a dispute arose over succession and administration of his estate, resolved in favor of Easmon, a maternal cousin. The respondent and siblings vacated the house built by Frederick. The house remained until partial demolition in 1950 and full demolition in 1951. In 1945, the Richter family granted the land to the appellant, who began building in 1960 despite warnings. The respondent sued for declaration of title and damages for trespass.
read moreJUDGMENT OF OLLENNU J. The respondent who was the plaintiff in the local court, sued in is capacity as head of the family of his father the late Frederick George Augustt, and claimed a declaration of title to the land in dispute and damages for trespass. The late Frederick George Augustt was a member of the Osu Mon family, otherwise known as the Richter family. The present head of that family is L. L. Richter, P.W.3. The Augustt family is therefore a branch of the Richter family. The facts briefly stated are as follows: the land in dispute was granted by the Richter family many years ago to the late Frederick George Augustt. Augustt built a storey house on it and lived there up to 1922 when he died. Upon his death a dispute arose between his maternal cousin, one Easmon, and his, the deceased’s children represented by the respondent and a brother of his, as to who was entitled to succeed him and to administer his estate. Judgment was given in favour of Easmon in that adm.....