MOSES AMOAKO aka AFURI PLUMBER suing for and of his sibling CATE ADWOA v. KWAME BAAH

BACKGROUND

By way of background, one George Amoako alias Kofi Nyame (the deceased) a native of

Asamankese in the Eastern Region and a resident of Hohoe died intestate in 1973. The

deceased during his lifetime acquired three houses, the subject matter of this suit House

No. ABA L-036, Gbi -Abansi and two other buildings in Asamankese his hometown. The

deceased during his lifetime met and married an Ewe woman Comfort Tegbe with whom

he had two children, the Plaintiff, and his sister Cate Adwoa Amoako. He also had other

children with different women. The Defendant is a nephew of the deceased, he being the

son of a sister of the deceased.

The Plaintiff by himself on 18 June 2013 issued a writ of summons for himself and on

behalf of her sister Cate Adwoa against the defendant for the following reliefs:-

a. An order ejecting the Defendant from further occupation of House No. ABA L-036, situate

lying and being at Gbi - Abansi and built by the Plaintiff’s father which he upon his demise

bequeath to the Plaintiff but the Defendant herein has stayed therein and incessantly laying

adverse claim thereto and as well as fomenting troubles therein unceasingly .

b. An order Ad Infinitum restraining the defendant from having anything in or with the said

House No. ABA-L-036, Gbi Abansi.

c. Costs.

The defendant on 25 June 2013 entered appearance by himself. On 16 July 2013 on an

application by the defendant the court joined one Kwasi Nkrumah the head of Amoakwa

family of Asamankese as co-defendant. The plaintiff on 9 July 2013 appointed Nelson

Kporha Esq. as his lawyer in the matter. On 6 September 2013 the defendant and co-

defendant filed separate statements of defence in which they denied the entirety of

Plaintiff’s claim. On 15 November 2013 the defendants appointed Koku- Mensah Akude

Esq of Mawulorm Chambers as their lawyer. With the leave of the court the defendants

on 24 December 2013 filed an amended statement of defence and counter claimed as

follows:

1. The ejection of the Plaintiff and his sister Cate Adwoa Amoako from the house in

dispute.

1. General damages

2. Costs

On 10 July 2015 on an oral application Counsel for defendants the name of the 2nd

defendant was struck out from the suit. On 8 January 2018, the defendant dispensed with

the services of their lawyer Koku -Mensah Akude Esq. by filing a notice of withdrawal to

that effect. Defendant has since then conducted the case by himself.

PLAINTIFF’S CASE

It is the case of the