MICHAEL KWASHIE AND ADELAIDE KWASHIE
V.
PETER CHARLES AND NOI JOHN KORLEY

(2004) JELR 63514 (CA)    
Court of Appeal  ·  CIVIL APPEAL H1/6 2004 ·  11 Jun 2004 ·  Ghana
CORAM
ARYEETEY J.A. (PRESIDING), ANINAKWAH J.A., QUAYE J.A
Core Terms Beta
gift
plaintiffs
late father
customary gift
exhibit b
page
learned trial judge
record of appeal
land
law
appeal
construction of the house
deed of gift
late emmanuel kotei kwashie
present habitable state
valid customary gift
grounds of appeal
kwamin assikumah
principles of customary land law
said house
subject matter of this litigation
united kingdom
weight of evidence
acceptance of the gift
case of effuah kwekuwah v
case of majolagbe v
contention of the appellants
effuah nahenna
execution of exhibit b
financial assistance
following reliefs
ghana commercial bank
high court
house no.
house no f390
interest of the plaintiffs
invaluable book
issue of customary gift
learned author nii amaa ollennu
ledgement of the contributions
monetary assistance
mortgage loan
much publicity
parcel of land
part owners of the house
second edition
second wife emma telfah
strong language
various forms
witness box

ARYEETEY, J.A.: A brief background to this appeal is as follows: Until his death on 25th February 1997 the late Emmanuel Kotei Kwashie carried out a business as dressmakers and tailors with his son and daughter, the appellants herein. It is the contention of the appellants that even though their late father on his own acquired the land on which besic built the house where they jointly carried out the dressmakers and tailoring business with him they gave monetary assistance to him for the construction of the house. They did that from the United Kingdom where they studied. On their return from the United Kingdom to Accra, they brought with them industrial and domestic machines as well as other tools to reactivate the business, of which they became partners with their late father. In acknow- ledgement of the contributions made by the appellants in various forms the late Emmanuel Kotei Kwashie executed a conveyance, exhibit B transferring the property, House No F390/1, Osu from himself as…

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