AMPONSAH vs. KWATIA

JUDGMENT OF SOWAH J.A. Sowah J.A. delivered the judgment of the court. On 16 December 1974, we dismissed this appeal but reserved our reasons as we were unable to support the reasoning of the learned judge having regard to the evidence. The plaintiff was the acknowledged successor to a parcel of land with a house thereon, which had been acquired by his great granduncle by name Odame. The evidence shows that other persons, namely, the late Benin and the late Asa Kofi had succeeded to this estate before him. The defendant, the son of one of the male children of Odame, his sisters and brothers occupied the greater portion of the house in dispute. They are not members of the Odame family, they being the progeny of a male child. Thus in strict Akan custom they were living in the house at the pleasure of the successor and of the plaintiff’s family. The house in dispute was not the self-acquired property of their father; if it were, they would be entitled to reside therei.....