Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



BINEY
V.
BINEY AND OTHERS

(1965) JELR 69625 (HC)    
High Court  ·  28 Oct 1965 ·  Ghana
 · 
Other Citations
[1965] GLR 619
CORAM
ARCHER J.

Ratio Decidendi

Core Terms Beta
time head of family
exhibit a
hendrick frederick biney
conveyed land
then head of family
proper construction of exhibit a
children of his late younger brother
joseph peter oconor biney
father of the plaintiff
plaintiff
freehold dwelling-house no. d.540
family of aikins
facts of the case
joint tenancy
own evidence
common law
properties of the late joseph oconor biney
member of a family
lily mensimah biney
joseph cobblah biney
present case
family arrangement
one-third share of the aikins family property
interest of the parties
children of his late brother
exhibit a.
joint tenants
plaintiff’s father
grandfather of the defendant
one-half share
additional land
executors of the late hendrick frederick biney
persons life interests
exhibit c
voluntary partition
partition act
order of this court
joint purchasers of land
properties
original building
partition
children of the said hendrick
father of the defendant
english land law
above passage
only persons
ownership of the biney family
plaintiff’s brother hendrick
family properties
sole survivor

ARCHER J.

The plaintiff by originating summons seeks a declaration that:

(1) The plaintiff and the children of his late younger brother, Hendrick Frederick Biney, are the only persons entitled to the properties stated in a schedule attached to the affidavit in support of the summons, being properties of —
(a) Joseph Peter Oconor Biney
(b) Lily Mensimah Biney.
(2) That the interest of the parties herein are as to one-half share for plaintiff and one-half share for the children of his late brother, Hendrick Frederick Biney.
(3) That the properties of the late Joseph Oconor Biney mentioned among others in the schedule should be partitioned as shown on the plan prepared by the plaintiff or as the court may direct.

The plaintiff took out the summons against the two executors of the late Hendrick Frederick Biney and also against all the children of the said Hendrick. By an order of this court, the names of the executors were struck out from the action and Joseph Peter Abaka Biney was ordered to s…

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