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JUDGMENT
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:
- The ejection of the Plaintiff and his sister Cate Adwoa Amoako from the house in
dispute.
-
General damages
-
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