CHARLES QUAYE v. JOSEPH NII TEIKO AMUZU

ADJEI,J.A:

The Plaintiff sued the Defendant in the High Court Accra, for an order of perpetual injunction to restrain the Defendant from interfering with H/No 529/15 Abossey Okai, Accra, recovery of possession of the property, mesne profits, damages for trespass and cost. The law is settled that a person who sues a party for recovery of possession and an injunction puts his title in issue.

The brief facts of the case were that the Plaintiff and his late siblings Adelaide Quaye and Isaac Quaye applied for the letters of administration of their late mother Charlotte Adukwei Armah who died on 21st May, 1979. The letters of administration of the late Charlotte Adukwei Armah was granted by the High Court, Accra to the administrators including the Plaintiff herein on 14th February, 1986. The first administratrix Adelaide Quaye was the mother of the Defendant. The Defendant is a nephew to the Plaintiff. The late Adelaide Quaye died in 2009. The Defendant asserted ownership to the property in dispute through his late mother. According to the Defendant the estate of the late Charlotte Adukwei was distributed and the disputed property devolved unto his late mother and her brother Isaac Quaye both deceased. He further averred that the late Charlotte Adukwei Armah had another house Laterbiokorshie Accra which devolved unto the Plaintiff and his sister Grace Quaye.

The two issued set down in the application for directions for adjudication were; whether or not the estate of the late Charlotte Adukwei Armah had been distributed; and whether or not the Defendant is interfering with the administration of the estate of the late Charlotte Adukwei Armah. The Plaintiff testified by himself and did not call any witness. The Defendant testified by himself and called a witness. The High Court gave judgement in favour of the Defendant on 17th July, 2013 and declared that the estate of the late Charlotte Adukwei Armah was distributed and the disputed property devolved unto Adelaide Quaye and her brother Isaac Quaye.

The Plaintiff dissatisfied with the judgement of the High Court Accra delivered on 17th July, 2013 filed a notice of appeal against the judgement on 1st October, 2013. The notice of appeal contained the omnibus ground of appeal which was to the effect that the judgement was against the weight of evidence on record. The Plaintiff indicated that additional grounds of appeal may be filed on receipt of the record of appeal. On 20th June, 2019 the Plaintiff filed four ad