ROLAND BURNS-BLISSETT vs. ELIZABETH ANNAN [2004]DLCA6937

Date	2004-05-04
Suit No.	CIVIL APPEAL NO. 83/98
Citation No.	[2004]DLCA6937

OMARI SASU J.A. [PRESIDING]

ASARE-KORANG J.A.

ANINAKWAH J.A..

ALBERT ADAARE FOR BAAFOUR DWUMOH FOR APPELLANT FELIX KWABI

FOR FRED AWUAH FOR RESPONDENT

[2004]DLCA6937
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													<main id="main" class="content" style="min-height: 60rem" >ROLAND BURNS-BLISSETT<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>ELIZABETH ANNAN<o:p></o:p>(DEFENDANT/APPELLANT)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p>CIVIL
APPEAL NO. 83/98&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 4TH MAY, 2004<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;border:none;
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<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;border:none;
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DWUMOH FOR APPELLANT FELIX KWABI FOR FRED AWUAH FOR RESPONDENT.<o:p></o:p>

</div>CORAM:<o:p></o:p>&nbsp;OMARI SASU J.A. [PRESIDING], ASARE-KORANG J.A.,
ANINAKWAH J.A..<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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</div>ASARE KORANG J.A.: <o:p></o:p>This is an appeal against
the judgment of the Circuit Court, Tarkwa dated 24th February, 1997 wherein the
learned Circuit judge entered judgment in favour of the plaintiff/respondent
[hereinafter described as the Respondent], on his claim and dismissed the
counterclaim of the Defendant/Appellant [hereinafter called the Appellant].<o:p></o:p>&nbsp;In the court below, the respondent sued for
himself and the children of the late Henry Francis Burns-Blisseth for a
declaration of ownership of House No. MS1 situate on main street Tarkwa,
possession thereof and perpetual injunction.<o:p></o:p>&nbsp;In her Statement of Defence, the appellant
counterclaimed against the Respondent for a declaration that the house in
dispute is family property belonging to the Appellant's family.<o:p></o:p>&nbsp;In his statement of claim as amended, the
Respondent averred that his grandfather was one Francis Burns-Blissett, a
Sierra Leonean national who came to the then Gold Coast, now Ghana and worked
with the Gold Coast Railway Corporation. <o:p></o:p>The late Francis
Burns-Blissett married one Madam Ekua Duku, a Ghanaian and they had two children,
namely Henry Francis Burns Blissett, the Respondent's father, and Arthur Roland
Blissett.<o:p></o:p>&nbsp;In the course of his work Francis
Burns-Blissett, respondent's grandfather, died in a rail accident and
compensation arising out of the accident was paid to his widow Madam Ekua Duku
who used some of it to put up a building Numbered MS.1 at Tarkwa. <o:p></o:p>Madam Ekua Doku also owned
other houses No. TB,38 on Padmore Road, Tarkwa and another along CYANIDE Road,
Tarkwa. <o:p></o:p>When the Respondent’s
paternal uncle, Arthur Roland Blissett died, and during his final funeral rites
in August, 1976, Madam Ekua Duku informed members of her family that in the
event of her death the building on the CYANIDE road and the other numbered MS.
1, should be inherited by her children and grandchildren and House No. TB.38
which she built from her own resources should be occupied by members of her
family.<o:p></o:p>&nbsp;In November, 1976, soon after the respondent's
paternal uncle passed away, Madam Ekua Duku also died.<o:p></o:p>&nbsp;Just as respondent's father, Henry Francis
Blissett was preparing to perform the funeral rites of Madam Ekua Duku
scheduled for March, 1977, he also died suddenly on 8th November, 1977.<o:p></o:p>&nbsp;After the funeral of the respondent's father
and Madam Ekua Duku had been performed, a Fire Insurance policy on House
No.MS.1 executed in 1972 between the State Insurance Company and Madam Ekua
Duku was discovered by respondent. Also discovered by respondent was an
affidavit sworn to by Madam Ekua Duku transferring her interest as owner in
House Nos. T.B. 38, MS.1 and Plot Nos. 3 and 4 Cyanide Road to her two sons,
Messrs Henry F. Blissett and Arthur Roland Blissett and her grandchildren by
her two sons begotten.<o:p></o:p>&nbsp;According to the Respondent, the family of
Madam Ekua Duku took advantage of the sudden death of Henry Francis Blissett
and assumed control over all the buildings. <o:p></o:p>Later the family gave the
building along the CYANIDE road to the children of Arthur Roland Blissett. The
Respondent and her siblings got nothing. They were completely ignored.<o:p></o:p>&nbsp;It was contended by the Respondent that since
the family of Madam Ekua Duku is now occupying House No. TB38, it was only fair
that he [Respondent] and his siblings be given the other house No. MS.1 by the
family.<o:p></o:p>&nbsp;The story of the appellant was that House No.
MS.1 was family property constructed through the joint efforts of Ebusuapanyin
Atta Boadi, Efua Nyaa, Kwesi Amissah and Nyaa Ekua, the said Nyaa Ekua being
the same person called Madam Ekua Duku, the respondent's grandmother. <o:p></o:p>The appellant stated that
the Respondent has no stake whatsoever in House No. MS.1 which is family
property and that when the appellant's predecessors learnt of attempts by Madam
Ekua Duku alias Nyaa Ekua to transfer ownership of the disputed house to his
two sons, they protested vehemently to some elders who settled the matter in
favour of the family.<o:p></o:p>&nbsp;At the time this matter came up for hearing,
the evidence disc</main>