CHARLES BOADU v. ATTA ADDO AKUESON
2012
HIGH COURT
GHANA
CORAM
- S.K.A. ASIEDU, J. SITTING AS JUSTICE OF THE HIGH COURT
Areas of Law
- Contract Law
- Property and Real Estate Law
- Evidence Law
2012
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought a declaration of ownership, recovery of possession, and injunction regarding six stores on a property owned by his late father-in-law, who had agreed orally to share the stores equally after construction. The defendant, who administered the estate, counterclaimed for an account of rents and recovery of a car. The court determined that the plaintiff financed the stores' construction but did not own them, as they were on the deceased's land. However, the plaintiff was entitled to recover the construction costs at current value. The plaintiff's claims for ownership were denied due to lack of evidence, and the stores were deemed part of the deceased's estate managed by the defendant.
By a writ of summons the plaintiff claims against the defendant:
“i A declaration that the Plaintiff is the owner of 6 stores located in the ground floor of the property known as Number B11/1 Abossey Okai, Accra;
Ii Recovery of possession of the 6 stores located in the ground floor of the
property known as Number B11/1 Abossey Okai, Accra.
iii An Order of Perpetual Injunction restraining the Defendant, his agents, assigns or whomsoever from dealing with the 6 stores located on the ground floor of property Number B11/1, Abossey Okai in any manner adverse to the Plaintiff’s ownership and/or possession of the said 6 stores:
iv Accounts of rents received by the Defendant in respect of the said 6 stores from April 2005 till date of judgment;
v Costs”.
After the service of the writ with its accompanying statement of claim on the defendant, an appearance was entered and later a statement of defence filed on behalf of the defendant in which the defendant counter claims against the plaintiff:
“(a) A Statement of Account for all GOODWILL and RENTS he collected from the Tenants in the six (6) ground floor stores in the subject House during and after the death of Emmanuel Adotey Akueson (deceased) and until the revocation of the Power of Attorney which the Defendant donated to the Plaintiff.
(b) The recovery of the car, or its present value in monetary terms”.
The issues set out in the application for directions were adopted by the court for determination.
At the trial the plaintiff gave evidence and called one witness to close his case. The defendant also testified per his attorney after which four witnesses were called to give evidence in support of the defendant.
By paragraph 4 of his statement of defence, the defendant has admitted and the court finds that the late Emmanuel Adotey Akueson was the original owner of property Number B11/1 Abossey Okai, Accra. Again the court finds that the said property was originally a piece of land on which a non-permanent structure made of corrugated iron sheets had been constructed by one Nana Edward Dontoh, who had leased the said piece of land from the late Emmanuel Adotey Akueson.
The case for the plaintiff is that he entered into an oral agreement with his father-in-law Emmanuel Adotey Akueson (deceased) to construct twelve stores (12) on the plot of land No. B11/1, Abossey Okai, Accra which belonged to the said Emmanuel Adotey Akueson. According to the plaintiff, the parties agreed that the deceased, will collec