BONNEY AND OTHERS vs. BONNEY [1989]DLHC561

Date	1989-11-04
Suit No.
Citation No.	[1989]DLHC561

AMMAH J.

AYIKOI OTOO FOR THE PLAINTIFFS.

T.K. AGADZI FOR THE DEFENDANT.

[1989]DLHC561
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													<main id="main" class="content" style="min-height: 60rem" >BONNEY AND OTHERS <o:p></o:p>vs. <o:p></o:p>BONNEY <o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1989-90] 2 GLR 607<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">

DATE:
4 NOVEMBER
1987<o:p></o:p>

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

AYIKOI OTOO FOR THE PLAINTIFFS.<o:p></o:p>

T.K. AGADZI 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 windowtext 1.5pt;
padding:0in 0in 0in 0in">

AMMAH J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AMMAH J.<o:p></o:p>The
plaintiffs are claiming: <o:p></o:p>(a)
declaration that house No. 1439, Kaneshie Estate is the property of the
plaintiffs by virtue of a gift inter vivos made to them by Joseph Frank Kwasi
Bonney, deceased; <o:p></o:p>(b) a
further declaration that neither the defendant nor any of her brothers and sisters
are entitled to reside in the said house except with the consent and approval
of Grace Arhinful, the mother and natural guardian of the plaintiffs who are
all infants, or of the plaintiffs when sui juris; <o:p></o:p>(c) Recovery
of possession of a room occupied by the defendant; (d) damages for trespass;
and <o:p></o:p>(e) Perpetual
injunction restraining the defendant, her agents, assigns and privies from
interfering with the plaintiffs’ enjoyment and ownership of their property. The
plaintiffs are infants and suing by their next friend, Grace Arhinful, their
natural mother. The defendant is a paternal sister of the plaintiffs.<o:p></o:p><o:p>&nbsp;</o:p>The late
Joseph Frank Kwasi Bonney (hereinafter referred to as the deceased) was the
father of the parties. He died on 11 December 1984. During his lifetime, he
acquired in February 1962 an estate house No 1439, Kaneshie on leasehold from
the State Housing Corporation. Before he acquired this estate house he was
living at Mamprobi with his first wife, the mother of the defendant. The
deceased had six other children with his first wife.<o:p></o:p>When the
deceased moved from Mamprobi to Kaneshie to live in the estate house, he was no
longer living with his first wife. The plaintiffs’ case is that that marriage
was dissolved whilst the defendant contended there was a separation. However
Madam Nkumale, the defendant’s aunt and her second witness, testified that the
marriage was dissolved. I therefore hold that the marriage between the
defendant’s mother and the deceased was dissolved.<o:p></o:p><o:p>&nbsp;</o:p>When the
deceased went to Kaneshie he married another woman, Auntie Nana. It would seem
he had no child with her. After her death, he married Madam Grace Arhinful, the
mother of the plaintiffs, in 1973.<o:p></o:p><o:p>&nbsp;</o:p>The
infant plaintiffs did not give evidence. Their mother, Grace Arhinful, gave
evidence on their behalf. The case for the plaintiffs is that some time in
December 1983 or early 1984 before his death, the deceased sent for Emmanuel
Kojo Mensah alias Kojo Jessie, his nephew, and Kwabena Badu, head of his family
at the time, both at Winneba; Kwame Curah and Kojo Mensah, brother and uncle of
Madam Grace Arhinful, of Takoradi and Gomoa Duade respectively. These invitees
met one day at the deceased’s Kaneshie Estate House. The deceased told them at
this meeting that from that day he had given his said house to his children
with Grace Arhinful. Madam Grace Arhinful, her brother and uncle went into
consultation. They bought a bottle of schnapps which they presented to Kwabena
Badu to express their gratitude to the deceased for such a gesture. Kwabena
Badu poured libation. It was agreed by those present, at the request of Grace
Arhinful’s relatives, to meet the next Saturday. On that day they met again in
the house of the deceased. This time the relatives of Grace Arhinful provided a
bottle of schnapps and ¢14,000 as thanksgiving or aseda to the deceased. The
deceased refused to accept the whole of the ¢14,000 on the ground that he was
not selling the house to his children. He however accepted ¢4,000 of it and the
drink. Libation was again poured.<o:p></o:p><o:p>&nbsp;</o:p>