Fixon Owoo Of Accra As The Head Of The Owoo Family Of Accra And On Behalf Of Himself & Anor V. Robert William Owoo & Ors (1945)

LawGlobal Hub Judgment Report – West African Court of Appeal

Claim for declaration of Title to land with buildings thereon, Recovery of possession and account of rents and profits—Family property—Head of family building on family lend—Testamentary disposition by head of family—Individual and self-acquired property of Testator—Position of head of family distinguished from that of chief—Akan Customary Law and Ga Customary Law—Claim for accounts must be based on Native Customary Law.

Facts

These are two appeals from a judgment given in the Divisional Court at Accra on the 30th November, 1944.

The claim was for –

1. A declaration of title to a piece of land with buildings thereon in Sa.laga Market Street, Accra, and to two adjoining pieces of land with buildings thereon in Station Road, Accra, and Selwyn Market Street, Accra, respectively.
2. Recovery of possession of these properties.
3. An account of the rents and profits received by the Defendants in respect of the said properties from the 21st day of November, 1931, and payment of the said amount to the Plaintiff.

Held

Upholding the trial Judge’s finding in accordance with native custom (1) That the testator had only a life interest in the buildings which upon his death became family property, (2) That the testator could make a valid testamentary disposition of self-acquired property, as there was no proof that family moneys were utilised by head of family in acquiring the property. It would not be safe to assume that what is customary law as to public stools holds good as to family stools.

Cross-appeals dismissed. Order regarding account varied.