OLLENNU J: (His lordship stated the history of the case, and proceeded):—
During the course of his evidence-in-chief the defendant said, inter alia:
“The house was allotted by Government in 1942, and my brother Robert died in 1949. It was my late brother Robert Aryee Aryeetey to whom the house was allocated in 1942. But as I have already said, Robert said our younger brother Kwashie, who was occupying the house, should pay the rents or instalments on the house. During my brother’s lifetime all were paid in his name and all receipt for such payments were given in his name. My said brother Aryee was the owner of the house at the date of his death in 1949. After my brother’s death I got the Department of Housing to substitute my name for his as the owner.”
After that admission by the defendant, there is no necessity to go farther into the question of Robert Aryee Aryeetey’s ownership.
Remains the question of native custom as to succession. The question is, who takes precedence in succession …