GOLIGHTLY AND OTHERS vs. VANDERPUYE [1961]DLHC5387

Date	1961-11-27
Suit No.
Citation No.	[1961]DLHC5387

OLLENNU J.

C. C. LOKKO FOR THE PLAINTIFFS.

G. KORANTENG-ADDOW FOR THE DEFENDANT

[1961]DLHC5387
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">GOLIGHTLY AND OTHERS<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;VANDERPUYE<o:p></o:p><span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;[HIGH COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">[1961] GLR 716&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 27 NOVEMBER, 1961.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

C.
C. LOKKO FOR THE PLAINTIFFS.<o:p></o:p>

G.
KORANTENG-ADDOW FOR THE DEFENDANT.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

OLLENNU, J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
OLLENNU J.<o:p></o:p>The plaintiffs are the children of one Odartey Golightly,
deceased. The first two by marriage under customary law and the other six by
two marriages under the Marriage Ordinance1(1). The said Odartey died intestate
on the 22nd February, 1927, and was survived by his second wife by marriage
under the Ordinance, his said children and his younger brother Kojo Golightly.<o:p></o:p><o:p>&nbsp;</o:p>By an indenture of lease dated the 9th May, 1945, Kojo Golightly
demised to one Charles Annan Vanderpuye, now deceased, the piece of land now in
dispute. The defendant is the head of the family of the said Charles Annan
Vanderpuye.<o:p></o:p>The claim of the plaintiffs is for a declaration that the said
land was the self-acquired property of their late father, that the demise of
the same to the said C.A. Vanderpuye is null and void and conferred no interest
in the said land upon the said C.A. Vanderpuye on the grounds that the demise
was made without their knowledge and consent. They also claim an order for
recovery of possession of the said premises.<o:p></o:p><o:p>&nbsp;</o:p>The defence is that the land demised by the deed was not the self-
acquired property of the said Odartey but was the property of his maternal
family purchased with proceeds from the sale of family property, and held by
him in a representative capacity as head of his said family. The defence
further pleaded that in any event the plaintiffs are estopped by their
acquiescence from claiming title to and recovery of possession of the land.<o:p></o:p>The first issue is, did the property belong to Odartey Golightly?
On that issue the plaintiffs led evidence that the land was the self-acquired
property of their father the said Odartey. Very feeble attempts were made by
the defendant to show that it was family property purchased with proceeds from
sale of a family house which was situate at Sempe, Accra. The said attempts
failed miserably. Two witnesses were called by the defendant in that regard.
The first of them is D.W. 1, nephew of Odartey and Kojo. The sum total of his
evidence on that point is that his evidence that Odartey purchased the land
with family money is only a conjecture on his part, it is not based upon any
facts. His last answer to counsel for the defendant in re-examination is that:
“Odartey was head of the family, and he was the one who shared the proceeds of
the sale of the Sempe house to the various relations, so I took it for granted
that he must have kept the share which he should have distributed to himself,
Kojo and my mother and used it to buy the land”. The evidence of D.W. 2 on that
point must be disregarded; after she had given evidence-in-chief as if speaking
of facts of her own knowledge, it came out in cross-examination that she was no
more than eight years old at the time when according to her all those things
happened and she took note of them. Her evidence is too ridiculous for words. I
reject it. On the part of the plaintiffs, oral evidence was led that the land
was the self-acquired property of Odartey. That evidence was admitted by the
defendant herself who said that to her own knowledge, the owner of the land
before the lease was Odartey. That oral evidence was confirmed by a document
exhibit I produced from the custody of the defendant and tendered on her
behalf, that document exhibit I is conclusive evidence that the land belonged
to Odartey as his individual self-acquired property, and not to him as head of
his family.<o:p></o:p><o:p>&nbsp;</o:p>Now what interest have the plaintiffs in the estate of Odartey to
entitle them to sue? Odartey married twice under the Marriage Ordinance. The
first wife died, and he married the second thereafter. Six of the plaintiffs
are issue of the two marriages. Having been survived by his second wife and
al</main>