[1984]DLCA921 • November 7, 1984 • Court of Appeal
GYAMERAH vs. BREFO
The disputed property was a self-acquired house of the late Opanyin Yaw Senyah who died intestate in 1963. The respondent (plaintiff) was customarily appointed successor to the house and four others. The plaintiff, living in Accra, appointed J.K. Senyah as caretaker to collect rents. In 1970, the plaintiff allowed his maternal uncle, Kwaku Nimo, to collect rents to finance a project. Nimo later sold the house fraudulently to the appellant (defendant) by impersonating the deceased Yaw Senyah. The plaintiff sought declaration that the deed of assignment was a forgery and recovery of possession and accounts of rents collected.
read moreJUDGMENT OF ABBAN J.A. Abban J.A. delivered the judgment of the court. The house in dispute was the self-acquired property of one Opanyin Yaw Senyah who hailed from Ejisu in Ashanti. He died intestate on 1 March 1963, and the respondent (hereafter called the plaintiff) was customarily appointed by the family to succeed to the house and four other houses left by Opanyin Yaw Senyah. The disputed house is situated on plot No. 20, Block 4, Dichemso Layout, Kumasi. When the late Yaw Senyah was alive he appointed his son J.K. Senyah, to take charge of the house as caretaker to collect rents and to account to him. The plaintiff had been living and working in Accra so when he became successor he asked J.K. Senyah to continue his caretakership of the house as he had been doing during his father’s lifetime. J.K. Senyah agreed and for the next seven years he collected the rents and accounted for them to the plaintiff. In 1970 the plaintiff’s maternal uncle, Kwaku Nimo, was in finan...