ADADE JSC: The only issue in this case is whether house No SW 66, Sunyani is family property or was the private property of Asare Adjabeng, deceased. The house is at times described as SW 52 or SW 66. Its identity, however, is not in dispute. The description therefore is, for our purpose, irrelevant.
Asare Adjabeng died on 28 July 1979. By his will dated 28 July 1978, proved in court on 3 December 1979, the said Asare Adjabeng devised the house to the defendants. The plaintiff, Yaw Kwayie, was a brother of the full blood of Asare Adjabeng. He brought this action on behalf of the family to set aside the devise on the ground that the house is family property, and not the private property of the testator. He was bed-ridden at the time of these proceedings, so he prosecuted his case through an attorney. Some time later he died, and was substituted by Opanin Kofi Tabiri alias Francis Adjabeng Asare. The High Court, Sunyani found for the plaintiff; the defendants have appealed.
To two grounds…