SAFO AND ANOTHER vs. BADU

The respondent/plaintiff commenced an action in the District Court, Grade II, Division III, Kumasi, seeking ejectment of the appellants/defendants from house No. O.T.A. 62, Odum, Kumasi. He claimed title under the will of Yaa Anninwaah, deceased, dated 26 April 1974, in respect of which letters of administration with will annexed were granted to him by the High Court on 22 May 1974. He pleaded that the defendants had been permitted, because of their relationship with the family, to reside in the premises during the lifetime of the deceased subject to good conduct, but after the deceased’s death the first defendant refused to attorn tenant to him and refused him entry into the house. Portion of judgment: “...by a will dated 26 April 1974 of which letters of administration with will annexed were granted to the plaintiff by the High Court on 22 May 1974, the testatrix, Yaa Anninwaah deceased devised house No. O.T.A. 62, Odum, Kumasi to the plaintiff... ‘The defendants, by reason of their relationship with the plaintiff’s family, were allowed to reside in the said premises during the life time of Yaa Anninwaah deceased subject to good conduct.’ ... on 27 May 1974, he wrote to the first defendant asking her to attorn tenant to him...”