ALHAJI ABDUL-RAHMAN YAHAYA AND ANOTHER vs. ALHAJI HALIDU YAKUBU AND 2 OTHERS

F.G. KORBIEH, J.A. The plaintiffs/appellants (hereinafter referred to as the plaintiffs) are the biological children of one AlhajiYakubuYahaya who hailed from Liman-yiriVuori (section) of Wa and who died intestate in or about 1973. It was the claim of the plaintiffs at the trial High Court that their father died leaving behind immovable property comprising four houses in Wa. Their case was that under Wala custom the eldest son of a man becomes his customary successor upon his demise and that the 1stplaintiff accordingly succeeded to his late father’s property. They averred that after so doing the 1st plaintiff gave House No. C41, Wapaaniand the adjoining vacant plot to the 2ndplaintiff whilst he himself completed a storey building, then numbered House No. C. 67, Wapaani in 1974, and rented it to Ghana Police Service/Special Branch in November of the same year. They went on that in May, 1989 the 1st defendant (who was their late father’s brother)told them, to their dismay, that pri...