OSEI-HWERE J.A.: Osei-Hwere J.A. delivered the first judgment at the invitation of Taylor J.S.C. By a majority verdict of this court we dismissed the defendants’ appeal on 25 June 1987 but reserved our reasons which I proceed to give now. The appeal that came before us sought, in effect, to challenge the concurrent findings of the High Court and the Court of Appeal that house No SW 52 with its extensions is family property. In order to settle any confusion about nomenclature it has to be noted that the house with its extensions straddles two plots which, from the records of the Lands Department, bears the composite name of plot No SW 66, Area No 3, Sunyani. At the trial the main building, comprising two completed floors, was referred to as SW 52 whilst the uncompleted extensions were referred to as SW 66.
The late Asare Adjabeng was the uterine junior brother of the plaintiff. After his death his alleged will in which he devised house No 52 including plot No SW 66 to his five children …