(1988) JELR 65456 (CA)    
Court of Appeal  ·  7 Jul 1988 ·  Ghana
Other Citations
[1987-88] 2 GLR 81
Core Terms Beta
late george addo boateng
akua afriyie
beatrice adjei
mrs beatrice peprah
trial judge
favour of the plaintiff
george addo boateng
mr peprah
plot no gc
said house
beatrice adjeiwaa
family property
good behaviour
appellate court
building of the house
children of the said george addo boateng
civil case
competent authority
d. c. boateng
detailed examination of the evidence
disputed building
documentary evidence
edwenso local council
family house
finding of fact
good reason
high court
high court judge
house stands
learned trial judge
main grounds
main submissions
members of the family
mother of george addo boateng
ownership of house no ej
part of the defendants
perpetual injunction
property of the plaintiff
question of fact
recovery of possession of the said house
sufficient documentary evidence
sufficient evidence
trial court
wuaku j.s.c.

WUAKU J.S.C.: I have had the advantage of reading the judgment which my learned brother Essiem J.A. is about to deliver. In my opinion, this case is a very clear one. If there was any issue for trial in this case, it was only one, ie whether the disputed building situated on plot No GC 3 Ejisu, Ashanti was a self-acquired property belonging to the late George Addo Boateng and, in which case, he could have devised it to the defendants and the deceased’s other children. The plaintiff says that it is a family house built jointly by the late George Addo Boateng, Akua Afriyie (the mother of George Addo Boateng and Beatrice Adjeiwaa), Beatrice Adjei (Adjeiwaa) also known as Mrs Beatrice Peprah and the plaintiff, D. C. Boateng. The defendants say nay, and that it was built by George Addo Boateng alone through his own effort. Since the defendants have counterclaimed for title and possession they had equal burden of proof on them.

There is sufficient documentary evidence that the plot on which …

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