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JUDGMENT
Plaintiff on the 3/4/2019 sealed the present writ against the defendant and claimed as
follows:
a) A declaration that the land in dispute devolved on the Defendant’s late mother
as a result of her marriage to Adam Kinglar and same was not her self-acquired
property.
b) A declaration that the house in dispute devolved on the Plaintiff’s late father as
of right just as the portions on which the Defendant and her other siblings have
since developed, both being children of Bertha Nornorkuadzi.
c) A declaration that the Defendant’s claim to the land is statute barred.
d) A declaration that the Defendant’s claim is estopped by laches and
acquiescence.
e) A declaration that the Plaintiff is entitled to the grant of the letters of
administration rather than the Defendant.
f) Damages.
g) Costs.
Case of the Plaintiff
Plaintiff sued in a representative capacity for and on behalf of himself and his siblings
including all the beneficiaries of the estate of the late John William Kinglar.
He described the defendant as his Aunt. He continued that his late father was the only
child between the union of Adam Kinglar a German merchant and his grant mother
Bertha Adzoa Nornormekuadzi of Ho all of blessed memory. That his father also died
sometime in 1989.
According to plaintiff, Adam Kinglar acquired property in Ho Township and built a
house from which their late father grew. That just before World War II Adam Kinglar
returned to Germany and never returned leaving his son John Kinglar behind. That
John Kinglar is their father now deceased.
According to plaintiff over time, their grandmother Bertha Nornormekuadzi
remarried and gave birth to other children including the defendant who is the only
surviving sibling.
That his father leaved with his mother until he relocated to Afram Plains where he
leaved until his death in 1989. That his grandfather fathered one child whist a young
man living in Ho.
He said the land devolved unto his late grandmother who reduced same into her name
and possession.
He continued that after the death of their father in 1989, he and his other siblings
including his mother relocated to Ho and lived in the property in dispute. That his
grandmother had shared the land among their other children she gave birth to after
his father without any obvious apportionment in favour of his father except the house
in which they come to occupy when they returned to Ho. That they have since made
improvements to the property witho