[2013]DLCA8102 • July 26, 2013 • Court of Appeal
LOUIS HANTO (SUING AS CUSTOMARY SUCCESSOR AND HEAD OF FAMILY FOR AND ON BEHALF OF THE HANTO FAMILY) (PLFF/APPELLANT) vs. IDA HANTO (1ST DEFENDANT) ALHAJI RASHID MUMUNI, ABDUL HAMID MUMUNI, BARAKA MUMUNI AND ADMINISTRATORS OF THE ESTATE OF ALHAJI MUMUNI ABDUL OLDMAN (DECEASED)
AYEBI J.A. The subject-matter of this appeal is House No.ZE 187, Alabar-Kumasi. The trial judge dismissed the plaintiff/appellant’s prayer for a declaration that, the house is the property of the Hanto family but upheld the counter-claim of the 2nd to 4th defendants. Aggrieved by the decision of the trial High Court, the plaintiff has appealed to this court. The claim of the plaintiff/appellant at the High Court is for: 1. A declaration that H/No.ZE187, Alabar-Kumasi is a family property. 2. A declaration that the purported sale of the said house by 1st defendant to one Alhaji Mumuni Adul Oldman (deceased) is null and void and of no effect. 3. A declaration that 1st defendant herein has no authority to sell family property without the consent and concurrence of other family members. 4. Perpetual injunction restraining defendants, their agents, assigns and all those who claim through them from interfering with the quiet and peaceful enjoyment of the said house by the Hanto f.....