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KRABAH
V.
KRAKUE

(1963) JELR 85487 (SC)

Supreme Court 24 Jun 1963 Ghana
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Case Details

Judges:OLLENNU, BLAY AND AKUFO-ADDO JJ.S.C.
Counsel:Sampson Baidoo for the appellant. Hayfron-Benjamin, Snr. for the respondent.
Other Citations:[1963] 2 GLR 122 - 147

JUDGEMENT

OLLENNU J.S.C.

This is an appeal from a judgment of the High Court, Sekondi, given in favour of the plaintiff.

The claim made by the plaintiff, respondent herein, in the High Court against the defendant, appellant herein, is for accounts of all rents collected from house No. 30/13, 7th Street, Sekondi, and for injunction restraining the defendant from interfering with the plaintiff's right to the said house. The plaintiff brought the action in his capacity as head of and for and on behalf of his family known as the Krakue family.

The defendant appealed from that judgment on the ground that she is not accountable to the plaintiff because by customary law the plaintiff is not the head and not even a member of the Krakue immediate family who are entitled to enjoy the property.

The house in dispute was the self-acquired property of one Jane Krakue; although she died testate as far as other properties are concerned, yet subject to a direction in her will that her sister should manage…

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