MIREKU VS. AMAR AND ANOTHER

ESSIEM JA. The claim before the High Court was for orders that: “1. On the death intestate of Ruth Sackiley Sackey on 5 August 1962, house No C345/4 became family property. 2. The late Emmanuel Tetteh Addy, as customary successor, has no power to sell the family property without the consent of the family. 3. The letters of administration obtained on 17 July 1990 by late Emmanuel Tetteh Addy was void. 4. The alleged transfer to the defendant of house No C345/4 by late Emmanuel Tetteh Addy be rescinded as being void.” Reading through the statement of claim and the statement of defence, one is left in no doubt that this suit involves succession and the issue whether house No C345/4 is family property. The statement of claim also alleged fraud with particulars. Before summons for directions could be taken, the defendant, now the appellant before this court, moved the court for an order to dismiss the plaintiffs’ claim for want of jurisdiction. It was deposed in the supportin...