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PREMPEH
V.
AGYEPONG

(1993) JELR 66561 (SC)

Supreme Court 26 Jan 1993 Ghana
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- The judgment concerns a dispute over house No 24, Block B, Asokwa, Kumasi, and the appellant's claim to it under the beneficial dispensation of samansiw was dismissed. - The court found that the property was sold to the deceased who purch

Case Details

Judges:FRANCOIS JSC, WUAKU JSC, AMUA-SEKYI JSC, AIKINS JSC, BAMFORD-ADDO JSC
Counsel:MONICA QUAYSON (MRS) FOR THE APPELLANT; DJABANOR (WITH HIM W A N ADUMUA-BOSSMAN) FOR THE RESPONDENT.
Other Citations:[1992-93] 2 GBR 710 – 732

FRANCIOS JSC.

There is only one issue of importance in this matter and that is whether the appellant is entitled to the disputed house No 24, Block B, Asokwa, Kumasi under the beneficial dispensation of samansiw. Two other matters have been debated but they are inconsequential and may be dismissed briefly. First, is the appellant’s proprietary claim to the disputed house with the correlated request that the court treat the deceased as a trustee acting in her interest whenever title was in issue. The facts belie such a claim. The trial judge made a clear and decisive finding that the vendor-owner sold the property to the deceased who purchased it in his own right. The judge was amply supported by the appellant’s own witness, as also the claim pressed by the deceased himself in exhibit C. The rejection of the appellant’s claim in the court’s conclusion which I quote below, cannot be successfully impugned. The judge said:

“I find that from the totality of the evidence that the offer for s…

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