[1995]DLCA599 • January 19, 1995 • Court of Appeal
OWUSU AND ANOTHER vs. AGYENTOA
The testatrix, Madam Afua Mansah, by will dated 8 September 1950, devised her half undivided share of a house (Plot 77, Odumasi District, Kumasi) to her son Daniel Kwame Owusu and daughter Elizabeth Victoria Mensah 'for their use absolutely.' Daniel Kwame Owusu died in 1959 leaving two children (the appellants). Elizabeth Victoria Mensah took letters of administration for her deceased brother's estate and sold his portion to the respondent in 1984. The appellants continued to occupy their father's portion and resisted ejectment by the respondent, who sought to recover possession after perfecting title.
read moreJUDGMENT OF AMUAH JA. This is an appeal against the decision of Berko J sitting at the High Court, Kumasi delivered on 28 July 1987. The bare facts of the case are that a testatrix, Madam Afua Mansah, devised her portion in house No OT 77, Odumasi District of Kumasi in her will dated 8 September 1950, as follows: “2. I give and bequeath unto my son Daniel Kwame Owusu and my daughter Elizabeth Victoria Mensah for their use, absolutely my share of one half (1/2) undivided moiety of premises situate and known as Plot 77 in the Odumasi District of Kumasi.” Clause (8) of the said will charged both the son and the daughter with the responsibility of meeting her expenses from rents collected from her portion of the house and securing for her a decent burial. In 1959 the said Daniel Kwame Owusu died leaving behind two issues: Diana Owusu and Daniel Owusu who are the defendants in this instant case. Thereafter the said Daniel Kwame Owusu was succeeded by his uterine sister Eliza...