COFIE AND OTHERS vs. FORSON AND OTHERS

The dispute concerns ownership and beneficial interest in house No. C 208, Dansoman Housing Estate, Accra. The late Ebenezer Atome Cofie (the testator) purchased the house but it was initially registered in the name of his nephew, Joshua Yaw Atome. A letter dated 5 November 1973 (Exhibit A) from Joshua Yaw Atome requested the lease be in his and the testator's children's names. Subsequently, on 21 April 1976, the testator made a statutory declaration (Exhibit B) declaring he held the property on trust for his nephew and children named therein. The State Housing Corporation acted on this declaration and changed the registered owner to the testator. The testator died in 1988 leaving a will (Exhibit C) bequeathing the house to his wife and children by her, excluding the beneficiaries named in Exhibit B. The plaintiffs are beneficiaries under Exhibit B, and the defendants are executors of the will. The core issue is whether the trust declaration or the will governs ownership of the property.

JUDGMENT OF BROBBEY J. The plaintiff issued originating summons for the determination of the following questions. (1). “Whether or not the late Joshua Yaw Atome held house No. C 208 (Type H.S. 35A/5), Dansoman Housing Estate or the beneficial interest therein on a resulting trust for the late Ebenezer Atome Cofie in accordance with paragraph (2) of letter dated 5 November 1973 by Joshua Yaw Atome to State Housing Corporation (copy annexed hereto and marked A). (2). Whether or not the late Ebenezer Atome Cofie held the said house No. C 208 upon trust for the late Joshua Yaw Atome or his customary successor and Ebenezer Atome Cofie’s children, namely Mrs. Sabina Charlotte Apaloo, Mrs. Henrietta Chobis Okyne, Nathan Cofie, Mrs. Vida Robertson, George Cofie and Mrs. Ellen Dadzie in accordance with the statutory declaration dated 21 April 1976 (copy annexed hereto and marked B). (3). Whether or not the defendants, executors of the will of the late Ebenezer Atome Cofie (copy of wil...