(1989) JELR 69656 (HC)    
High Court  ·  4 Nov 1989 ·  Ghana
Other Citations
[1989-90] 2 GLR 607
Core Terms Beta
grace arhinful
emmanuel kojo mensah
sisters of the full blood
kwabena badu
plaintiffs’ case
state housing corporation
bottle of schnapps
estate house
first wife
statement of defence
defendant’s brothers
halsbury’s laws
kojo mensah
madam grace arhinful
madam nkumale
sitting room
statement of claim
approval of grace arhinful
chief justice
conveyancing decree
copies of the record
customary gift
deceased’s kaneshie estate house
defendant’s aunt
defendant’s mother
head of his family
house no.
joseph frank kwasi bonney
kaneshie estate
late joseph frank kwasi bonney
legal title
mother of the defendant
mr. kow nyan
natural guardian of the plaintiffs
part of the deceased
paternal sister of the plaintiffs
plaintiffs’ enjoyment
property of the plaintiffs
recovery of possession of a room
rented room
said house
second witness
uncle of madam grace arhinful
valid customary gift of the house
virtue of a gift inter vivos

AMMAH J.: The plaintiffs are claiming:

(a) declaration that house No. 1439, Kaneshie Estate is the property of the plaintiffs by virtue of a gift inter vivos made to them by Joseph Frank Kwasi Bonney, deceased;

(b) a further declaration that neither the defendant nor any of her brothers and sisters are entitled to reside in the said house except with the consent and approval of Grace Arhinful, the mother and natural guardian of the plaintiffs who are all infants, or of the plaintiffs when sui juris;

(c) Recovery of possession of a room occupied by the defendant; (d) damages for trespass; and

(e) Perpetual injunction restraining the defendant, her agents, assigns and privies from interfering with the plaintiffs’ enjoyment and ownership of their property. The plaintiffs are infants and suing by their next friend, Grace Arhinful, their natural mother. The defendant is a paternal sister of the plaintiffs.

The late Joseph Frank Kwasi Bonney (hereinafter referred to as the deceased) was the fath…

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