HANNA BUCKMAN & 3 ORS. vs. PATRICK ANKUMAYI & ANOR. [2012]DLCA6486

Date	2012-06-11
Suit No.	SUIT NO. H1/66/2012
Citation No.	[2012]DLCA6486

J. B. AKAMBA J.A. [PRESIDING]

K. A. ACQUAYE J. A.

A. M. DORDZIE (MRS) J. A

MR. WILFRED BABA AVIO FOR DEFENDANTS/APPELLANTS

MR. AKWASI BOSOMPEM FOR PLAINTIFFS/RESPONDENTS

[2012]DLCA6486
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													<main id="main" class="content" style="min-height: 60rem" >HANNA BUCKMAN &amp; 3 ORS.<o:p></o:p>(DEFENDANTS/APPELLANTS)<o:p></o:p>vs.<o:p></o:p>PATRICK ANKUMAYI &amp; ANOR.<o:p></o:p>(PLAINTIFFS/RESPONDENTS)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p>SUIT
NO. H1/66/2012&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: 11TH JUNE 2012<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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</div>CORAM:&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;&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;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<o:p></o:p>J.
B. AKAMBA J.A. [PRESIDING], K. A. ACQUAYE J. A., A. M. DORDZIE (MRS) 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="text-align:center;line-height:115%;
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</div>ACQUAYE, J. A<o:p></o:p>&nbsp;This is an appeal against the judgment
delivered on 18th June 2011 by an Accra High Court against the
defendants/appellants.<o:p></o:p>&nbsp;The plaintiffs issued a writ of summons
claiming against the four administrators of the late Kojo Amoah. <o:p></o:p>a)
A declaration that the late Kojo Amoah in his life time told the plaintiffs and
his family both immediate and extended that in appreciation of the financial
assistance towards the putting up of House No. B 455/21, North Kaneshie by the
late mother of the plaintiffs, the said house should be given to them.<o:p></o:p>&nbsp;b) An order directed at the defendants to vest
House No. B 445/21 in the plaintiffs in accordance with the wishes and
directives of the late Kojo Armah.<o:p></o:p>&nbsp;The plaintiffs/respondents case was that their
late mother was the uterine sister of the late Kojo Amoah. Their mother died
when they were young and Kojo Amoah adopted and took them to live with his wife
and children in Accra. He looked after them as his children and when he could
not afford financially to look after the 1st plaintiff/respondent at Emit
School, he made him stop his education to become his driver in his business as
a herbal medicine manufacturer and seller. In his life time Kojo Amoah built
four houses in Accra and distributed three of them among three women with whom
he had children. He told the women and his family members that the house in which
they all lived House No. B. 455/21, North Kaneshie, should on his demise be
given to the plaintiffs in view of financial assistance given him by
plaintiff’s mother when he was building it. Upon the demise of Kojo Amoah the
defendants who are the administrators of his estate have in spite of several
protestation and pleas refused to vest the property in them but live therein
whilst they have rented out the three houses given to them. <o:p></o:p>The
defendants denied that the plaintiffs were customarily adopted by Kojo Amoah.
They stated that at the time their mother, a charcoal seller died the 1st
plaintiff was 19 years whilst the 2nd plaintiff was 11 years old and Kojo Amoah
brought them to live with his three wives and 18 children in their matrimonial
home at House No. B 455/21, North Kaneshie. They denied vehemently that Kojo
Amoah ever said that the disputed house should be given to the plaintiffs. They
testified that when the 4th defendant, a nephew and customary successor of Kojo
Amoah was not cooperating with them as an administrator they met and
distributed the estate, maintaining the disputed house as a matrimonial home. <o:p></o:p>Even
though the plaintiffs denied that the first two defendants were the wives of
Kojo Armah the trial judge held them to be wives. The judge also held that the
plaintiffs were the adopted children of Kojo Armah and found that Kojo Armah in
his lifetime shared his houses among his wives and children and said that the
disputed house should be given to the plaintiffs. He therefore ordered the defendants
to vest House No. B 455/21 in the plaintiffs.<o:p></o:p>&nbsp;It is against this judgment that the
defendants have appealed. The grounds of appeal are: <o:p></o:p>a)
The judgment is against the weight of evidence<o:p></o:p>&nbsp;b) The trial court erred in holding that the
late Kojo Amoah customarily adopted the plaintiffs. <o:p></o:p>c)
The trial court erred in holding that by his conduct the intestate acknowledged
the plaintiffs as his adopted children.<o:p></o:p>d)
The trial court erred in holding that the matrimonial home of the intestate was
intended by the deceased to be given to the plaintiffs upon his death. <o:p></o:p>e)
The trial court erred when it failed to hold that the matrimonial home was for
the 18 children of the intestate. <o:p></o:p>