MARY TSOTSO LARYEA & 3 ORS. vs. AMARKAI LARYEA

MARIAMA OWUSU, J.A: On 20-10-2011, the High Court, Accra, in its judgment held among other things as follows: “In conclusion I enter judgment for the plaintiff for relief (a) endorsed on their writ of summons and confer ownership of House No. D453/3 Arena, Accra on all the surviving children of the late Daniel Maxwell Laryea. The defenda nt is further restrained from ejecting the plaintiffs from the said house. On the evidence, I am unable to declare the defendant sole legal and beneficial owner of the property because the gift inter vivos on which he relied was not conclusively proved. Secondly, his senior brothers before him conducted the management of the property to the benefit of all the children. Thirdly, the defendant by his own evidence recognized the beneficial interest of the plaintiffs in the property. Defendant also admitted that the father’s signature on Exhibit 2 is not his normal signature explaining that it is on account of some 40 years difference. Above ...