BEATRICE MAGLO v. MORRISON KOMLA ADZOH

BY COURT:

After the Judgment had been written and was to ber read today the 25th day of February 2011, I received a copy of a Petition to the Chief Justice dated 11th February 2011 to put the case before another Judge.

As the Chief Justice has not written to me and there is no motion on the docket, to prevent me from proceeding with case. I read my Judgment as follows:

By the Plaintiffs Writ issued on 9/12/08, she claimed as the customary successor to Madam Comfort Tay and Akweley Tay and as representative of the Tay Family, and asked the Court to declare that House Number 84, South Aryee Diki, Kpehe, Accra, (also described as H/No. HO2103) New Town or H/No. C 203/8 (840) South Aryee Diki, Kpehe, Accra was the self-acquired property of Madam Comfort Tay (deceased) and has since remained in the exclusive legal and beneficial ownership and possession of her successors in title up to this day.

ii. An order of Perpetual Injunction restraining the Defendants and their successors in title from claiming title to; dealing in any manner whatsoever with the said property as the property of Hilarious Komla Adzoh (deceased); or in any manner interfering with the Plaintiff’s title to or possession and enjoyment of the said property.

iii. Damages for fraud.

The Statement of Claim that accompanied the writ explained that the Plaintiff is the biological child of Akweley Tay, who was the younger sister of Comfort Tay, who had no child until her death on 31st January, 1980.

As a result of Comfort Tay not having a child, she adopted the Plaintiff and brought her up. After the death of Comfort Tay in January, 1980 her family requested Hilarious Komly Adzoh to vacate the rooms he shared with Comfort Tay. Hillarious Komla Adzoh and his son the 1st Defendant vacated from the house in 1985. After vacating the house in dispute, the said Hillarious komla Adzoh instituted an action in the High Court Accra, against the Plaintiff’s mother and successor to Comfort Tay and claimed ownership to the house in dispute. Hillarious Komla Adzoh lost the action in the High Court and in the Court of Appeal.

After that the said Hillarious Komla Adzoh never claimed the house or interfered with the Plaintiffs’ ownership and possession again. The Defendants have however included this house in the Inventory of the properties of the said Hillarious Komla Adzoh. The Defendant’s are therefore estopped by the pleaded Judgment and the conduct of Hillarious Komla Adzoh from claiming this house.

Th