ZAMBRAMAH vs. MOHAMMED AND ANOTHER

BROBBEY JA. The plaintiffs and the first defendant were of the same father. The plaintiffs claimed that he and the first defendant inherited the disputed property under Moslem law from their father, a Moslem. While the plaintiffs were away, the first defendant sold or pledged the house to the second defendant. The plaintiffs therefore instituted an action in the Sunyani High Court, claiming a declaration firstly that the property was vested in them and could not be disposed of by any child of their deceased father acting alone without the knowledge, consent or approval of the other children and secondly that the sale of the house by the first defendant without the consent of the plaintiffs was of no legal effect. They prayed further for an order of perpetual injunction restraining the defendants, their agents, assigns and heirs from interfering with the plaintiffs’ right to the use and enjoyment of the said house. Judgment was given in favour of the plaintiffs and the second defend.....