(1982) JELR 69588 (HC)    
High Court  ·  21 May 1982 ·  Ghana
Other Citations
[1982-83] GLR 781
Core Terms Beta
late kobina kakraba
absolute property of the plaintiff
customary law
late husband
absence of strong evidence
account of all rents
akan custom
close contact
common feature of family life
credible evidence
custody of the late kobina kakraba
customary successor of the late kobina kakraba
defendant’s family
elder son of the plaintiff
essential factor
evidence shows
exclusive possession of house no.
family property of her late husband
first plaintiff witness
fourth defendant witness
house no.
intention of the parties
joint efforts of father
joint owner of the house
joint ownership of house no.
joint property of the late kobina kakraba
lower town
native custom
pieces of evidence
plaintiff’s claim
refund of the plaintiff
said kobina kakraba
share of her late husband
special circumstances of this case
substantial contribution of a financial nature
such circumstances
such joint property
tenants of house no.
trading business
twumasi j.
vacant land
widow of the late kobina kakraba of new takoradi

TWUMASI J.: The plaintiff is the widow of the late Kobina Kakraba of New Takoradi. Their marriage was blessed with seven children, five of them surviving the said Kobina Kakraba. The defendant is the customary successor of the late Kobina Kakraba. The plaintiff has brought this action against the defendant claiming:

(a) a declaration that house No. 40/1, Lower Town, New Takoradi is the joint property of the late Kobina Kakraba and the plaintiff or in the alternative a declaration that the plaintiff and her surviving children under the said marriage are entitled to the occupation and exclusive possession of house No. 40/1 aforesaid;

(b) An account of all rents received by the defendant from tenants of house No. 40/1 from September 1974 to the date of judgment; and

(c) The refund of the plaintiff’s ¢1,000 which was in the custody of the late Kobina Kakraba but now with the defendant who has refused to pay same despite repeated demands.

The plaintiff’s claim for a joint ownership of house No…

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