MARIAMA OWUSU, JA
On the 23rd February 2007, the High Court, Mampong – Ashanti uphold the decision of the Lower Court and dismissed the appeal filed by the Appellant. The Court further held that: “The defendant has the right to occupy the self acquired property of his deceased father who died intestate in 1981. I award cost of ¢5M against the appellant”.
Dissatisfied with the decision of the court, the appellant with the leave of the High Court dated 23rd day of March 2007 filed the instant Appeal.
The Grounds of Appeal are as follows;
(1) The Court erred in Law in considering certain facts in the last paragraph of his judgment for the determination of the main issue between the parties as found by the judge, i.e. whether children of a deceased person have a right to their father’s self acquired property under customary law.
(2) The Court erred in Law in not awarding title to the plaintiff as claimed when it found out that House No.ABR 108 IS A FAMILY PROPERTY BUILT BY LATE Akwasi Mensah w…