FENUKU AND ANOTHER vs JOHN-TEYE AND ANOTHER

In 1954, Rudolf Agbesi Fenuku and his wife Mercy Fenuku jointly purchased approximately 17.83 acres of land at Kplagon Ofankor. Mercy Fenuku died in 1958. Rudolf Fenuku later married Victoria Teye, sister of Lawrence John Teye, proprietor of the Reverend John Teye Memorial Institute. In 1974, Rudolf Fenuku purportedly sold the land to Lawrence John Teye, reserving a portion as a gift to his son. The plaintiffs, children of Rudolf Fenuku, challenged the sale, claiming their father could not dispose of the entire property without their mother's consent, asserting the land was held as tenants in common. The defendants claimed the land was sold to Lawrence John Teye for the institute. The High Court ruled for the plaintiffs, but the Court of Appeal reversed this, dismissing the claim. The plaintiffs appealed to the Supreme Court.

JUDGMENT AMPIAH JSC. This is an appeal from the decision of the Court of Appeal. In their writ of summons before the High Court, the/ plaintiffs claimed against the defendants: "(i) a declaration of title to all that piece of parcel of land situate lying and being at Kplagon Ofankor along the Accra-Nsawam Road covering approximately an area of 14.28 acres and more particularly described in the statement of claim; and (ii) an order for cancellation, revocation and nullification of the deed of conveyance made between Rudolf Agbesi Fenuku of the one part and Lawrence John Teye of the other part dated I0 April 1974 and registered at the Deeds Registry as No 1888/ 1974." The High Court gave judgment for the plaintiffs but the Court of Appeal, on appeal by the defendants, set aside the decision and dismissed the plaintiffs' claim. The plaintiffs have appealed against the decision of the Court of Appeal to this court. The facts of the case are that in 1954 one Rudolf Agbesi Fenuk...