[1984]DLCA913 • November 5, 1984 • Court of Appeal
ESHUN AND OTHERS vs. JOHNFIA
The appellants, sui juris children of the late Ato Kwamina Essuman who died intestate, claimed entitlement to an interest including rent income from their late father's self-acquired properties. The respondent, the maternal nephew and customary successor, had let out five of the houses and lived with the appellants in one. The appellants sought a declaration of their right to share in the rental income during their lifetime.
read moreJUDGMENT OF ABBAN J.A. Abban J.A. delivered the judgment of the court. The appellants in the High Court, Sekondi sought a declaration that they were entitled to an interest in the self-acquired properties of their late father and the said interest included rent income accruing from the said properties. The appellants are sui juris and are presently engaged in the business of petty trading for their living. Their late father, one Ato Kwamina Essuman, who was a Fanti died intestate in Sekondi. During his lifetime, the late Ato Kwamina Essuman acquired several building plots and put up houses on six of them. On his death intestate, the respondent, who was his maternal nephew, was appointed his successor by the family in accordance with Fanti customary law. Since the death of their father the appellants have been living in one of the houses-No 70/8, Third Street, Sekondi with the respondent. But the respondent has let out the remaining five houses to tenants. It is the r...