[1986]DLCA1003 • December 4, 1986 • Court of Appeal
SESE vs. SESE AND OTHERS
The appellant (plaintiff) and the first respondent (first defendant) were half-brothers, sons of the late Evans Kofi Sese who acquired the disputed land in Kokomlemle, Accra by purchase in 1952. The father built a one-storey outhouse on part of the land and permitted the plaintiff to build a two-storey building on the remaining portion. The father lived in the outhouse with the first defendant and his family until his old age. After the father's death in 1980, the plaintiff claimed ownership of the outhouse based on a customary gift evidenced by a deed of gift dated 25 August 1976. The defendants disputed this claim, asserting the father made a will devising the outhouse to the first defendant and that the plaintiff was not entitled to rents from tenants occupying the outhouse.
read moreJUDGMENT OF ABBAN J.A. The appeal is from the judgment of the High Court, Accra dated 25 November 1983. The appellant (hereinafter referred to as the plaintiff) had claimed a declaration of title, recovery of possession, damages for trespass and an order for perpetual injunction in respect of a piece of land situate at Kokomlemle, Accra. The plaintiff and the first respondent (hereinafter referred to as the first defendant) were brothers. They were the children of the same father but had different mothers. The disputed land was the self-acquired property of their father, the late Evans Kofi Sese, who died at the ripe age of about 90. The late father acquired the land by purchase in August 1952. He built a one-storey house called an out-house on a portion of the land and lived in it. The father later permitted the plaintiff to build on the remaining portion of the land. In consequence of the said permission the plaintiff put up a two-storey building on that portion. T...