ABDUL RAHMAN OSUMANU GIWAH, ALHAJI ALI ADAMU GIWAH AND HAJIA FATIMA ALHASSAN GIWAH vs. BABA LADI [2013]DLSC2745

ABDUL RAHMAN OSUMANU GIWAH, ALHAJI ALI ADAMU GIWAH AND HAJIA FATIMA ALHASSAN GIW... [2013]DLSC2745

Date	2013-07-29
Suit No.	CIVIL APPEAL NO. J4/36/2013
Citation No.	[2013]DLSC2745

G. T. WOOD (MRS) C. J (PRESIDING)

J. V. M. DOTSE JSC

ANIN-YEBOAH JSC

A. A BENIN JSC

J. B. AKAMBA JSC

JAMES OWURA MENSAH. FOR THE DEFENDANT /APPELLANT/APPELLANT.

JOSEPH KAPONDE FOR THE PLAINTIFFS/RESPONDENTS /RESPONDANTS.

[2013]DLSC2745
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													<main id="main" class="content" style="min-height: 60rem" >ABDUL RAHMAN OSUMANU
GIWAH, ALHAJI ALI ADAMU GIWAH AND HAJIA FATIMA ALHASSAN GIWAH<o:p></o:p>vs.<o:p></o:p>BABA LADI<o:p></o:p>&nbsp;[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL APPEAL NO. J4/36/2013&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 29TH JULY, 2013<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>JAMES OWURA MENSAH.&nbsp;&nbsp; FOR THE DEFENDANT /APPELLANT/APPELLANT.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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G. T. WOOD (MRS) C. J (PRESIDING), J. V. M. DOTSE
JSC, ANIN-YEBOAH JSC, A. A BENIN &nbsp;JSC,J.&nbsp; B.&nbsp;
AKAMBA JSC<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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<o:p></o:p>

</div><o:p>&nbsp;</o:p>BENIN,
JSC.<o:p></o:p>By an amended writ of
summons filed at the High Court, Accra, the plaintiffs/respondents/respondents,
hereinafter called the respondents,&nbsp;
sought the under listed reliefs against the
defendant/appellant/appellant, hereinafter called the appellant:<o:p></o:p>a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A
declaration that both plaintiffs and defendant are great grand children of
Fatima Suka (deceased).<o:p></o:p>b)&nbsp;&nbsp;&nbsp;&nbsp; An
order for the parties to jointly take letters of administration to administer
the estate of Fatima Suka.<o:p></o:p>c)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An
order for the distribution of the estate of the late Fatima Suka among
legitimate beneficiaries.<o:p></o:p>d)&nbsp;&nbsp;&nbsp;&nbsp; An
order to set aside the judgment of the Islamic Judicial Committee.<o:p></o:p>The respondents claimed
that Fatima Suka who died in 1954 was the great grandmother of both parties in
this case. At the hearing the family tree was traced and from the record it was
clearly so established, as there was no contrary evidence. Whilst the
respondents are the grandchildren of Ramatu Osumanu Fulani, the only female
child of Fatima Suka, the appellant is the grandson of Mallam Ibrahim Osumanu
Fulani, the only male child of Fatima Suka. Hence all the parties are the
direct descendants of Fatima Suka. The estate of the late Fatima Suka which the
parties are fighting over comprises three houses situate at various parts of Accra,
according to the respondents’ case as stated in paragraph 4 of the statement of
claim, precisely at Cow Lane, Tudu and New Town. The appellant partially
admitted this specific averment, by paragraph 3 of his statement of defence.
The respondents contended that the late Fatima Suka gifted the Tudu house to
her daughter Ramatu in her lifetime. They further posited that in respect of
the Cow Lane house the appellant and his family have been in occupation all
these years. In respect of the New Town house the rooms were shared out by
Fatima among her four grandchildren. The respondents have been in uninterrupted
possession of the Tudu house until 2008 when the appellant laid adverse claim
to all the three houses claiming sole ownership thereof. The basis of appellant’s
adverse claim was that in Islamic law inheritance to deceased intestate estate
is through the male line and thus females do not inherit property. This
position was affirmed by the Islamic Judicial Committee (IJC) when the matter
of the distribution of the estate went before the said Committee. The record at
page 131 shows that only the house at Cow Lane was the subject before the IJC whose
decision was handed down on 27th March 2008. The appellant also made
adverse claim to the New Town house saying it was owned by his father only.<o:p></o:p>The High Court gave
judgment for the respondents. It set aside the decision of the IJC on ground
that it sinned against the provisions of Article 17(2) and (3) of the 1992
Constitution of Ghana. The trial court found as a fact that all three houses
were owned by late Fatima Suka. Also that the houses at Tudu and New Town were
not part of the IJC decision. It found that all the parties herein are the
descendants of the late Fatima Suka. The court also found that the deceased
gifted the Tudu house to her only daughter Ramatu. The court also found that
the deceased distributed the rooms in the New Town house among her four
grandchildren. Consequently th</main>