TANOH vs. ABBAN-MENSAH AND ANOTHER

FORSTER JA. This is an appeal by the plaintiff-appellant (hereinafter called “the plaintiff”) from the judgment of Adjabeng J (as he then was) sitting at the High Court, Sekondi, dated 30 November 1987 whereby he dismissed the plaintiff’s claim for declaration of title. The plaintiff is the son of Kobina Tandoh of Ekuasi, near Sekondi. He died testate on 12 July 1979. The defendants-respondents (hereinafter called “the defendants”) were the executors of the will of the deceased Kobina Tandoh. The deceased had three houses, of these House No 63/29 was the subject-matter of the suit. By his said will the deceased left the houses to his nephews and nieces. On 18 March 1982 the plaintiff by his writ sued for “a declaration that houses Nos. 62/29 and 63/29 are the joint properties of Kodwo Tandoh (deceased) and Ebow Kobina Tandoh, and therefore not the subject of disposition in the will of Kodwo Tandoh”. In his statement of claim, the plaintiff averred that he substantially c...