Try asking the following...
JUDGMENT
JUDGMENT
Plaintiff on 19/5/2020 instituted this action against 1st and 2nd Defendants herein Plaintiff
in his statement of claim stated that he is the owner of the house in dispute whilst
Defendants at all material times were bare licenses resident in the house in dispute by
virtue of domestic services rendered to Hajia Fatima Williams (deceased) on of
Plaintiff’s wives. The said Hajia Fati Williams died on 23/2/2019 but several notices
served on Defendants to vacate and yield vacant possession of the residence peacefully
have proved futile. Plaintiff stated that the fair letting value of the property is GHC500
per mensem Plaintiff therefore claimed against the Defendants as follows;
a. An order directed at the Defendants to vacate and yield possession of the
property House No. 3691/18 Bubiiashie, Accra.
b. Mesne profit at GHC500 per mensem (month) with effect from May 2019 to date
of vacant possession and
c. Further other order(s) as the court may deem fit.
Upon an application by the two children of deceased in their capacity as administrators
of the estate of the late Hajia Fati Williams, the court on the 22/4/2021 joined the 3rd and
4th Defendants to the suit as Co-Defendants. Plaintiffs filed an amended Writ of
summons and statement of claim on 5/5/2021.
Defendants in their statement of Defence filed on 21/6/2021 denied Plaintiff’s claim and
reliefs and contended that the house in dispute was jointly acquired by the Plaintiff and
late Hajia Fatima Williams. Defendants stated that the deceased lived peacefully in the
property from 1997 till 2012 when Plaintiff instituted divorce proceeding against the
deceased and take the property from her. That in the course of the trial, parties agreed
that the marriage be dissolved and property in dispute vested in the late Hajia Fatima
Williams for her lifetime with reversionary interest given to their children. same was
reduced into writing and signed by Plaintiff but the deceased died before she could sign
the same. Defendants contends that after the one year anniversary of the deceased,
Plaintiff rekindled his desire to take away the disputed property from the children of
the late Hajia Fatima Williams for his new wife and lodged a complaint at Rent control.
That Plaintiff being unsuccessful at the Rent control instituted this action. Defendants
therefore counterclaimed against the Plaintiff as follows;
a. Declaration that the property of House No. 3691/18 Bubiashie, Accra forms pa