CHARLES AYI ARDAYFIO, EBENEZER AYI ARDAYFIO, ABRAHAM AYI ARDAYFIO, JOHN ARMAH ARDAFIO (DEC.), NATHANIEL ARDU ARDAYFIO AND SOLOMON BAMFO ARDAYFIO vs. BENJAMIN ASHONG TAGOE, ANDREWS KOFI MENSAH AND NII KWEI QUARCOO

OFOE, J.A.: The main issue between the parties is which of their ancestors owned House No.D434/3, Derby Avenue Accra. From their pleadings and evidence in chief, the ancestors referred to are Ardu Ardayfio and Kwankyewaa Coffie. Kwankyewaa Coffie is the niece of Ardu Ardayfio. Odey Ardayfio is the sister of Ardu Ardayfio(Ardu) and she begat Kwankyewaa. Is the property in dispute for Ardu Ardeyfio or for Kwankyewaa the sister’s daughter? Whilst the plaintiffs trace ownership of the property to Ardu Ardayfio the defendants claim through Kwankyewaa. A summary of the respective case of the parties on the pleadings will make this judgment clearer. Plaintiffs claim to be the grandchildren of Ardu. Somewhere around 1937 Ardu distributed the rooms in this property to his seven sons and gave two to the sister, Odey. Odey predeceased the brother leaving her two sons in the rooms. The other two rooms that were left unallocated by Ardu were occupied by some descendants of Odey. All these desce.....