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 …