MARFO vs. BONSO AND ANOTHER

ADJABENG JA. On 29 July 1988, the Circuit Court, Sunyani, dismissed the plaintiff’s claim in this matter. The plaintiff, being dissatisfied with the court’s decision, appealed to this court. The plaintiff, who took his action in a representative capacity, claimed as follows: “The plaintiff, as a member of the Aduana family of Yamfo claims against the defendants jointly and severally for himself and on behalf of the Aduana Family of Yamfo: (a) A declaration that House No SNT 68 which is situated at Sunyani, is the property of the Aduana family of Yamfo; (b) A declaration that Yaw Konto, deceased and Kwabena Bonso, the 1st defendant herein, being members of the said Aduana family cannot sell or transfer the said House No SNT 68, Sunyani to the 2nd defendant without the knowledge and concurrence of the family and that purported sale and transfer made of the said property are null and void and of no legal effect. (c) An order of perpetual injunction.” The plaintiff’s case is...