Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1976) JELR 63690 (HC)    
High Court  ·  5 Feb 1976 ·  Ghana
Other Citations
[1976] 2 GLR 46

Ratio Decidendi

Core Terms Beta
customary law
house no. j
late husband
court of appeal
family property
life interest
alternative claim
children of the marriage
death of her husband
father’s house
head of the immediate family
husband’s customary successor
plaintiff’s second witness
said house
absolute title of the family
albert evans dapaah
assistance of his children
brother edward wiredu j.
case of assistance
complete agreement
compound house
concurrence of the principal members of the family
customary law wife make
customary successor of the deceased
customary wife
family life
following terms
high court
hold property
james benjamin aidoo
joint owners of the house
joint property of that father
knowledge of the interest of the children
landed property
member of the late aidoo
own money
plaintiff notice
potential purchaser
said house no. j
sole owner of the property
statement of beatrice
statement of ollennu
such assistance
sufficient evidence



The plaintiff, a trader in textiles, meat and general goods, is the widow of one James Benjamin Aidoo who died intestate on 8 November 1969. She and the deceased were married under the customary law for about 36 years during which they had ten children, seven of whom are alive. The second co-defendant, Albert Evans Dapaah, is the customary successor of the deceased and grantee of letters of administration of the deceased’s estate. He was a maternal cousin of the deceased. During his lifetime the deceased lived exclusively with his wife and children at Awaso, in the Sefwi Anwiaso district, first in rented quarters and later, about 1959 or 1960, in house No. J/I-182, Awaso, the subject-matter in dispute. The plaintiff and her children, four of whom are minors, continued to live and are still living in the said house.

However, some time in January 1974, the defendant Opanyin Kwasi Kaah gave the plaintiff notice to quit the house in the following terms:

“This is to notif…
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