ANSAH AND ANOTHER v. JOE AND ANOTHER [1961]DLSC588

Date	1961-06-26
Suit No.
Citation No.	[1961]DLSC588

KORSAH C.J. JSC

SARKODEE-ADDO JSC

AKIWUMI JSC

E. AKUFO-ADDO WITH HIM GWIRA FOR THE APPELLANTS

S. BAIDOO FOR THE RESPONDENTS.

[1961]DLSC588
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >

&nbsp;JOE AND ANOTHER

[1961] GLR 395

DATE: 26TH JUNE, 1961.

</div>

COUNSEL:&nbsp;&nbsp;

E.
AKUFO-ADDO WITH HIM GWIRA FOR THE APPELLANTS.

</div>

KORSAH C.J., SARKODEE-ADDO AND
AKIWUMI JJ.S.C.

</div>

&nbsp;

JUDGMENT OF SARKODEE-ADOO
J.S.C.

He delivered the judgment of the court. This is an appeal from the
judgment of the Land Court, Sekondi, dated the 20th May, 1960, with respect to
leasehold premises known as plot No. 42, John Sarbah Road, in the African
Township of Takoradi, bequeathed to the second plaintiff by the late John Essel
Ansah who died on the 26th April, 1946, in his last will and testament bearing
date the 3rd March, 1946, and deposited in the High Court, Sekondi on the 16th
April, 1946. The said plot is comprised in a lease dated 17th December, 1943,
and made between the then Governor of the Gold Coast Colony for the government
as lessor of the one part and the said John Essel Ansah as lessee of the other
part whereby the premises therein contained were vested in the lessee for the
term of 98 years and six months from the 1st October, 1943, subject as therein
appearing.

The plaintiffs’ claim as administrators of the personal property
and beneficiary of the will respectively of the said John Essel Ansah, deceased,
against the defendants jointly and severally is for a declaration of title to
the said leasehold premises in favour of the second plaintiff; an account of
the rents and profits thereof; and damages for trespass as per the particulars
annexed to the claim.

The defence to this claim is set out in the defendants’ statement
of defence and reads:

“1. The will referred to in paragraph 2,3 and 4 of the particulars
of claim was disregarded and never acted upon at the time of John Essel Ansah’s
death to the knowledge of and with the acquiescence of the plaintiffs.

2. James Alfonso Simons (deceased) was the customary successor of
John Essel Ansah (deceased) and was appointed administrator (not with will
annexed) with the approval and acquiescence of the plaintiffs and the family
(according to custom) of John Essel Ansah (deceased).

3. On the death of James Alfonso Simons the first defendant was
appointed customary successor and granted letters of administration.

4. The 1st defendant as administrator and customary successor
administered in good faith the estate of James Alfonso Simons (deceased)
including the estate of John Essel Ansah (deceased) which was family property.

5. The 1st defendant denies all allegations of fraud and false
statement contained in the statement of claim and the particulars thereto.

7. The 1st defendant will contend that the assignment of Plot No.
42 John Sarbah Road, Takoradi, to the 2nd defendant was valid and not affected
by the order of 22nd November, 1952.

Subsequent to filing and service of the defence the plaintiffs by
their solicitors requested the defendants to furnish further and better
particulars in the terms following:

“You are requested to provide further and better particulars of
the several matters and things hereunder stated arising out of the defendant’s
statement of defence filed herein.