CECILIA ARYEE VS DAVID AYENSU THOMPSON

Introduction The late George Griffith Quartey died testate in the year 1951. By his last Will and Testament dated 25th October 1944, he devised and bequeathed certain properties to some named beneficiaries.

One of the properties is House No. 24 (originally No. D31/3), Amamomo, Ussher Fort, Accra which is the subject matter of this suit.

On or about 22nd June 2009, Georgina Naa Oyoe Quartey, one of the beneficiaries in the said Will brought an action against one Vida Quartey (Suit No. BFA/61/2009: Georgina Naa Oyoe Quartey v. Vida Quartey), who also claimed to be a beneficiary of the Will claiming certain reliefs from the court in respect of the Will of the late George Griffith Quartey.

The court, after having heard all the parties, gave judgment on 11th April 2011 wherein the court declared Georgina Naa Oyoe Quartey as the sole beneficiary of the property in dispute.

There is no evidence that the said judgment was ever appealed against. It is of interest to note that the plaintiff in this suit is the direct niece of the said Vida Quartey who are all descended from Dainsua’s branch and the defendant in this suit is the son of the said Georgina Naa Oyoe Quartey.

The said Georgina Naa Oyoe Quartey and Vida Quartey are all deceased.

Plaintiff’s Case About fourteen months after the said judgment was delivered, the plaintiff on 6th June 2012, instituted the present action claiming the following reliefs against the defendant: i. An order setting aside the said judgment.

A declaration that all female descendants of Ambah and Dainsua are beneficiaries of the estate of the late George Griffith Quartey.

A declaration that the defendant is not a beneficiary of the estate of the late George Griffith Quartey.

Perpetual injunction restraining the defendant, his agents, and assignees from collecting rent from the tenants of the said house.

v. An order authorizing the defendant to render accounts to the beneficiaries on rents collected by him vi.

Any further order(s) as this court may seem meet.

It is the plaintiff’s case that she is a granddaughter of the late George Griffith Quartey who died living behind a Will dated 25th October 1944 and over which probate was granted to the only surviving executor Boye Quartey Owoo on 8th October 1951. The plaintiff asserts that per the said Will, the deceased devised the property in dispute to Georgina Naa Oyoe Quartey, Rosemary Kwartiokor Quartey per Ambah, Oyoe Kwartiorkor and any other children per Dainsua for their eq