ETUA vs. SIKA-KYERE-ABUSUA

The plaintiff, widow of the late Kobina Kakraba of New Takoradi, sued the defendant, the customary successor of her deceased husband, seeking declarations that house No. 40/1, Lower Town, New Takoradi was either the joint property of herself and the deceased or, alternatively, that she and her surviving children were entitled to exclusive occupation and possession of it; an account of rents collected by the defendant from September 1974; and refund of ¢1,000 allegedly left in the deceased’s custody and now withheld by the defendant. The plaintiff’s case was that the land was self-acquired by her husband, that the house was built with substantial financial contributions from her trading income, and that the deceased intended the house for her and their children. Portion of judgment: “The plaintiff has brought this action against the defendant claiming…”; “The plaintiff’s claim for a joint ownership… is based on her contention that her late husband made evident his intention to build the house as the absolute property of the plaintiff and her children”; “I am satisfied on the evidence that proportionately, the plaintiff contributed far more substantially than the late Kobina Kakraba.”

JUDGMENT OF TWUMASI J. The plaintiff is the widow of the late Kobina Kakraba of New Takoradi. Their marriage was blessed with seven children, five of them surviving the said Kobina Kakraba. The defendant is the customary successor of the late Kobina Kakraba. The plaintiff has brought this action against the defendant claiming: (a) a declaration that house No. 40/1, Lower Town, New Takoradi is the joint property of the late Kobina Kakraba and the plaintiff or in the alternative a declaration that the plaintiff and her surviving children under the said marriage are entitled to the occupation and exclusive possession of house No. 40/1 aforesaid; (b) An account of all rents received by the defendant from tenants of house No. 40/1 from September 1974 to the date of judgment; and (c) The refund of the plaintiff’s ¢1,000 which was in the custody of the late Kobina Kakraba but now with the defendant who has refused to pay same despite repeated demands. The plaintiff’s claim for a j...