BENJAMIN KWASI YEBOAH AND ELIZABETH NSIAH vs. JOSEPH OWUSU AND AMA SERWAA [2015]DLHC8465

Date	2015-06-16
Suit No.	SUIT NO. C1/28/13
Citation No.	[2015]DLHC8465

HIS LORDSHIP JUSTICE JACOB B. BOON

KWAME YEBOAH APPIAH FOR THE PLAINTIFFS

ASANTE KROBEA FOR THE DEFENDANTS

[2015]DLHC8465
																																						<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" >BENJAMIN KWASI
YEBOAH AND ELIZABETH NSIAH<o:p></o:p>vs.<o:p></o:p>JOSEPH OWUSU
AND AMA SERWAA<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT, MAMPONG]<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. C1/28/13&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 16TH
JUNE, 2015<o:p></o:p>

</div>COUNSEL:<o:p></o:p>KWAME
YEBOAH APPIAH FOR THE PLAINTIFFS<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">

ASANTE
KROBEA 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;
padding:0cm 0cm 1.0pt 0cm">

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;
padding:0cm 0cm 1.0pt 0cm">

</div>Samuel Kwame
Yeboah, father and husband respectively of the plaintiffs, died on Christmas
Day of 1963. It must be stated however that the defendants have disputed the
assertion that the second plaintiff was the widow of Samuel Kwame Yeboah
(S.K.Yeboah) at the time of his death. They averred that the marriage between
them had fallen apart and consequently dissolved in the lifetime of the
deceased.<o:p></o:p><o:p>&nbsp;</o:p>It is
asserted by the plaintiffs that Samuel Kwame Yeboah put up several houses in
his lifetime. According to the testimonies of first plaintiff, and one Kwasi
Ashia, called by the plaintiffs as their first witnesses, (PW1 to be called
hereafter), he owned fives houses at the time of his death, three located at
Akokeri-Adansi, one each at Kinkanse and Dichemso in Kumasi. The Dichemso
house, Plot 2, Block V, is what is in dispute in this action. It is asserted
that the other houses at Akokeri have been disposed of by his immediate
customary successor, one John Kwame Owusu.<o:p></o:p><o:p>&nbsp;</o:p>The plaintiffs
further asserted that after the death of their father and husband, some of his wives
and children continued to live in the disputed house. The evidence of the first
plaintiff indicated that his father had three wives, two of whom are dead,
presumably the only surviving widow is his mother, the second plaintiff herein.
However, he said as at now he lives in the house with his nephews and nieces,
and the outgoings touching the house are paid by him. Indeed, three receipts,
two issued by Lands Commission, Kumasi, dated 28/10/10 and 16/03/11, and one
issued by Kumasi Metropolitan Assembly of 6/1/12 for ground and property rates
were tendered by the plaintiffs as exhibits ‘E’, ‘E1’ and ‘E2’ as evidence of
such payments.<o:p></o:p><o:p>&nbsp;</o:p>It is
undisputed that John Kwame Owusu already referred to was the immediate
customary successor of Samuel Kwame Yeboah. John Kwame Owusu also died and was
succeeded by one Adu Gyamfi who was inturn succeeded by the first defendant,
also referred to as Joseph Bene.<o:p></o:p><o:p>&nbsp;</o:p>It would
appear what necessitated the instant action is when the defendants brought an
application at the High Court, Kumasi to administer the estate of late Adu
Gyamfi, succeeded by the first defendant, in which the disputed Dichemso house
was listed in the inventory of the estate in connection with the application .The
plaintiffs caveated on the basis that the property was rather self-acquired by
their father and husband.<o:p></o:p><o:p>&nbsp;</o:p>It is their
further case that John Kwame Owusu, the successor to late Samuel Kwame Yeboah
never exercised any acts of ownership over the house, so when Adu Gyamfi
succeeded John Kwame Owusu and laid adverse claims to the property, his claim
was resisted. They averred that the matter went to an appropriate traditional
authority which faulted Adu Gyamfi and ruled that the house belonged to the
children of Samuel Kwame Yeboah, hence the family of their late father and
husband met and considered the matter and took a decision that the disputed
property is owned by all the children of Samuel Kwame Yeboah. According to the plaintiffs,
in furtherance of the decision of the family transferring the property to the
children, a document was executed by PW1 describing himself as the head of
family of the late S. K. Yeboah ves</main>