[1965]DLHC1786 • October 28, 1965 • High Court
BINEY vs. BINEY AND OTHERS
The plaintiff sought a declaration that he and the children of his late younger brother, Hendrick Frederick Biney, were the only persons entitled to certain family properties, including land known as 'Bineyville' and two houses on Adedainkpo Street. The dispute arose over the ownership and partition of these properties, which had been conveyed or acquired under various circumstances, including a 1901 deed (Exhibit A) and family arrangements. The plaintiff alleged disturbance by the defendant and siblings, making cooperation impossible, and sought partition of the properties.
read moreJUDGMENT OF ARCHER J. The plaintiff by originating summons seeks a declaration that: (1) The plaintiff and the children of his late younger brother, Hendrick Frederick Biney, are the only persons entitled to the properties stated in a schedule attached to the affidavit in support of the summons, being properties of — (a) Joseph Peter Oconor Biney (b) Lily Mensimah Biney. (2) That the interest of the parties herein are as to one-half share for plaintiff and one-half share for the children of his late brother, Hendrick Frederick Biney. (3) That the properties of the late Joseph Oconor Biney mentioned among others in the schedule should be partitioned as shown on the plan prepared by the plaintiff or as the court may direct. The plaintiff took out the summons against the two executors of the late Hendrick Frederick Biney and also against all the children of the said Hendrick. By an order of this court, the names of the executors were struck out from the action and Joseph Peter .....