BENJAMIN ADUBOFOUR DANKWA (ALIAS DANQUAH FOR HIMSELF AND HIS TWO SISTERS BORN TO MADAM AKUA ADWUBI) (PLAINTIFF) vs. MADAM AKUA ADDAI, MADAM ABENA NYAMEKYE, MADAM AFIA TIWAA (@ SALIFU MAAME) AND MADAM SERWAA BOATENG [2015]DLHC8464

BENJAMIN ADUBOFOUR DANKWA (ALIAS DANQUAH FOR HIMSELF AND HIS TWO SISTERS BORN TO... [2015]DLHC8464

Date	2015-07-28
Suit No.	SUIT NO. C1/38/14
Citation No.	[2015]DLHC8464

HIS LORDSHIP JUSTICE JACOB B. BOON

MICHAEL K. ATTA AGYEI FOR THE PLAINTIFF.

SAMUEL OHENE-AYISI FOR THE DEFENDANTS.

[2015]DLHC8464
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													<main id="main" class="content" style="min-height: 60rem" >BENJAMIN
ADUBOFOUR DANKWA (ALIAS DANQUAH FOR HIMSELF AND HIS TWO SISTERS BORN TO MADAM
AKUA ADWUBI)<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>MADAM AKUA ADDAI, MADAM ABENA NYAMEKYE, MADAM AFIA TIWAA (@
SALIFU MAAME) AND MADAM SERWAA BOATENG<o:p></o:p>(DEFENDANTS)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH
COURT, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. C1/38/14&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 28TH JULY, 2015<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MICHAEL
K. ATTA AGYEI FOR THE PLAINTIFF.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SAMUEL
OHENE-AYISI FOR THE DEFENDANTS.<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;
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HIS LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>The
Plaintiff described himself as the last born of Madam Akua Adwubi, late of
Dentehso – Buokrom in the Ashanti Region and instituted this action dated 4th
April, 2014, on behalf of himself and his two sisters born of the same mother
already referred to. The contentious matter in the suit is about the ownership
of House Number ZE 79 Zongo Extension, Kumasi which the Plaintiff asserted was
devised to him and his two sisters by their maternal grandmother in her will.
According to the Plaintiff, the property was acquired by the uncle of their
grandmother. The uncle, now deceased was commonly called Adotaa who customarily
gifted it to their grandmother and continued the gift in his will. The said
will is included in the documents tendered at the trial as exhibit ‘B’. In
paragraph 2 of the will, the disputed house was devised to Abena Amankwa
confirming a gift allegedly made earlier in the presence of witnesses named in
the will.<o:p></o:p><o:p>&nbsp;</o:p>According
to the Plaintiff, their mother was the only daughter of their grandmother.
Unfortunately their mother predeceased her mother (the grandmother of Plaintiff
and his two sisters). Consequently, their grandmother who also died testate
devised the disputed to them. Again her will was also tendered at the trial
alongside other documents as exhibit ‘F’. In paragraph 3 of the will, the
testator devised the house as follows:<o:p></o:p><o:p>&nbsp;</o:p>“ I DEVISE my House Plot No. Z.E. 79,
Zongo Extension, Kumasi to JANET ASARE and her two siblings, ESTHER DANKWA and
BENJAMIN ADUBOFOUR DANKWA all being the children of Akua Adwubi (deceased)
absolutely. <o:p></o:p><o:p>&nbsp;</o:p>It
is also their case that when their grandmother took possession of the property,
there was a challenge to her title thereto for which reason she went to court
and judgment was entered in her favour, declaring her title to the house. The
case was instituted at the Circuit Court Kumasi and the judgment was delivered
by His Honour Eric Diasare on 24th June, 1986. A copy of the
judgment was tendered at the trial by an officer from the Public Records and
Archives.<o:p></o:p><o:p>&nbsp;</o:p>Administration
Department as exhibit ‘D’. It is indicated in the exhibit that Madam Abena
Amankwah instituted the action against two persons, Madam Akua Manu and Madam
Ama Kwakwaah and claimed the following reliefs:<o:p></o:p><o:p>&nbsp;</o:p>