HAMMOND RANDOLPH V. RANDOLPH AND ANOTHER

POLICY AND PRACTICE LAW REPORTS, 2PLR

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ARTHUR HANSEN HAMMOND

V.

JOHN HENRICK WALMBECK RANDOLPH AND ANOTHER

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL,

17TH DAY OF JULY, 1939

PRIVY COUNCIL APPEAL NO. 90 OF 1936

2PLR/1939/20 (PC)

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OTHER CITATION(S)

2PLR/1939/20 (PC)

(1939) P.C. 90/1936

(1939) V WACA PP. 42 – 48

LEX (1939) – P.C. 90/1936

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BEFORE THEIR LORDSHIPS:

LORD THANKERTON

LORD FAIRFIELD

LORD SALVESEN

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BETWEEN:

ARTHUR HANSEN HAMMOND – Appellant

AND

JOHN HENRICK WALMBECK RANDOLPH AND ANOTHER – Respondents

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ORIGINATING COURT(S)

1.     The West African Court Of Appeal

2.     Sir G. C. Deane, Chief Justice of the Supreme Court of the Gold Coast (sitting as the Divisional Court of the Supreme Court for the Eastern Province of the Gold Coast Colony.

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

REAL ESTATE AND PROPERTY LAW:- Title to family property – Right of head of said family to sue thereon – How treated

REAL ESTATE AND PROPERTY LAW:- Witness to a deed pertaining to family land – When becomes Head of family – Whether estopped from asserting a contrary interest adverse to what the Deed stipulated 

FAMILY LAW – MATRILINEAL LINEAGE:- Fanti customary law – How headship of determined – Implication for ownership and dealings in family property –

CASE SUMMARY The plaintiff claimed for a declaration of title in the property as head of the Kreshie family and the trial court ruled that the plaintiff, as head of the said Kreshie family was entitled to the declaration asked for and gave judgment for him on that point against the defendant.

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