DANIEL A. BORTEY & ANOR VS JOSEPH ASUMADU NYARKO
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE ELIZABETH ANKUMAH (MRS)
Areas of Law
- Property and Real Estate Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiffs sought to nullify a prior judgment concerning their late father's land, alleging fraud by their sibling, Christopher Bortey, in procuring Letters of Administration and by the first defendant in suing Christopher. The court found the Letters of Administration to be validly granted and that the plaintiffs failed to prove fraud beyond reasonable doubt. The first defendant's possession and title were upheld, and the plaintiffs were restrained from interfering with the land.
The Plaintiffs claim against the Defendants as beneficiaries of the estate of the late Seth Noi Bortey as follows:
a. A declaration that the judgment in Suit No. AL31/2004 entitled “Joseph Asumadu Nyarko Vrs Christopher Bortey” at the High Court (Fast Track), Accra was irregular procedurally and substantially not warranted in law and same be set aside as null and void.
b. A declaration that the initiation of the writ and procurement of the judgment in the said suit was actuated in fraud and same be set aside as null and void.
c. An order of perpetual injunction restraining the 1st defendant, his assigns, representatives, agents, etc. from interfering with the Plaintiff’s interest in the said land and a restraining order against the 1st and 2nd defendant from processing the facilitating the interference in Plaintiff’s interest as well as carrying an execution under the said judgment in suit No. AL 31/2004.
d. Special and general damages.
It is the claim of the plaintiffs that the land in dispute was acquired by their late father. They claimed that their sibling Christopher Bortey fraudulently and erroneously procured Letters of Administration in respect of the estate of their deceased father despite the fact that there were minors/beneficiaries. He thus succeeded in becoming the sole administrator of the estate of their late father Seth Moi Bortey. The said Christopher Bortey never owned the land in dispute. The plaintiffs alleged 3rd plaintiff is an educational institution owned by their late father. According to them, their late father owned the land in dispute as far back as 1958, granted to him by the Nungua Stool.
The 1st defendant sued their late father in 1981 for the land in dispute. They contended that the 1st defendant, having sued their late father, could not have sued Christopher Bortey in his own right but ought to have substituted Christopher Bortey for their late father. To the plaintiffs, the 1st defendant did not sue Christopher Bortey as an administrator; the Letters of Administration granted to Christopher Bortey was void ab initio. They stated further that the land in dispute owned by their late father was in the name of the 3rd plaintiff school and it had nothing to do with Christopher Bortey, whom the 1st defendant took judgment against in respect of the dispute in Suit No. AL 31/2004 entitled JOSEPH ASUMADU NYARKO VRS CHRISTOPHER BORTEY.
The plaintiffs stated further that they challenged Christopher Bortey over the Letters of A