OLLENNU J.: In this case the plaintiff claims account of rents collected by the defendant from House No. C1/1, Kwame Nkrumah Avenue, Accra, which was the self-acquired property of the late Emmanuel Ankrah, deceased. He claims in a representative capacity as successor to, and head of the family of, the said Emmanuel Ankrah, deceased. He pleaded that he was duly appointed to the office of successor and head of family at a meeting of the family duly held on June 19, 1960, convened for that purpose, and that defendant who, upon authority of the family, had been collecting the rents from the premises prior to the said appointment has refused to account to him, the plaintiff.
The defendant, a son of the said Emmanuel Ankrah, denied the appointment of the plaintiff as successor to, and head of the family of, Emmanuel Ankrah, pleaded that the said appointment is null and void because the persons who made it were not entitled by customary law to make it, and further that the plaintiff is not a …