CHRISTIANA ADJESO v. EUNICE A. MENSA-ADDO & ANOR

The Plaintiff, who sued for herself and on behalf of her siblings and their dependants claimed as follows:

a) Declaration that House No F213/2 Lokko Road Osu, built by W. K Ayettey had by his death become family property of the Descendants of William Kofi Ayettey.

b) An order against the Defendants prohibiting them from, by any means or manner disposing off the said common property without the consent of all the legal beneficiaries of W. K Ayettey.

c) Perpetual injunction against the Defendants, their agents, assigns and all those who derive title through them, from by any means interfering with the peaceful occupation and enjoyment of the said house by the relatives staying and continuation of family there.

d) Cost.

The statement of claim that accompanied the writ stated that the plaintiff is the eldest of one group of the grand children of William Kofi Ayettey, the person who built House Number F213/2, Lokko Road, Osu and has sued for herself and on behalf of her siblings and their descendants

The gist of the plaintiff’s case from her pleadings is that the land and the house belonged to William Kofi Ayettey, and after his death, the land and house became the property of his children, whose children are the parties in this suit.

The defendant on the other hand pleaded that her late father J. E Ayettey purchased the land and built House No F 213/2 Lokko Road, Osu, Accra and brought their grandfather W. K. Ayetteh to the house.

At the close of pleadings the following issues were set down to be tried.

a) Whether or not the Osu House NO. F213/2 in dispute is the self acquired property of William Kofi Ayettey

b) Whether or not upon the death of the said William Kofi Ayettey intestate, the said property descended to the six (6) children of the said Deceased William Kofi Ayettey and same has descended unto all the children of these children of the Deceased owner according to patrilineal inheritance.

c) Whether or not it was rather not the deceased father William Kofi Ayettey who gave a room to his son J. E Ayettey in the house.

d) Whether or not it is J. E. Ayettey one of the three (3) sons of William Kofi Ayettey who purchased the land on which House No F 213/2 Lokko Road, Osu is built.

e) Whether or not the said house was built by J. E Ayettey and invited his father William Kofi Ayettey to relocate to reside in the said house after completion of same.

f) Whether or not J. E Ayettey pulled down the c