ADJABENG JA
The plaintiff-respondent, Kofi Arthiabah, the elder brother of Francis Tayee Arthiabah, the late husband of the defendant-appellant, took action against the defendant after the death of her husband, at the High Court, Sekondi. By his amended writ of summons, the plaintiff sought a declaration that House No 23/7, Liberation Road, Takoradi, is the property of the plaintiff and not the self-acquired property of the late Francis Tayee Arthiabah. The action was prompted by the fact that the said late husband of the defendant purported in his will to dispose of this property as if it was his self-acquired property. The plaintiff contended that the house was rather his own self-acquired property and not the property of his late younger brother. He later caused to be joined the executors of the will of the late F T Arthiabah but they neither appeared nor took part in the proceedings.
The plaintiff adduced evidence in support of his acquisition of the property and also of his acts o…