DESMOND HAMMOND & ORS VS CECILIA GREY-THERIOT & ORS
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP PATIENCE MILLS- TETTEH (MRS.), J
Areas of Law
- Property and Real Estate Law
- Family Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a family dispute over the estate of the late Cletus Kwaku Hammond and Violetta Adjo Hammond. Three siblings (plaintiffs) sued three other siblings (defendants) to prevent the sale of family properties in Madina, Accra and Hohoe. The defendants argued they only intended to sell the Hohoe property to renovate the Madina property, as previously agreed upon by all siblings. The plaintiffs abandoned the case during proceedings. The court settled the dispute by ordering that the Madina house be used as a family house, not to be rented to non-family members. The Hohoe property is to be sold with proceeds used for renovating the Madina property and settling debts. All beneficiaries must refund renovation expenses to the 2nd and 3rd defendants. The court also declared that a building constructed by the 2nd plaintiff on the Madina property is family property. The case highlights principles of family property use, reimbursement for expenses on family property, and the status of buildings constructed on family land.
The plaintiffs instituted this action on the 3/12/2013 with the following reliefs a. A declaration that defendants do not have any authority to sell the house No M148/1 Madina , Accra b. Perpetual injunction restraining the defendant from selling the house No M148/1, Madina, Accra.
The case of the plaintiff Parties are children of the late Cletus Kwaku Hammond who died intestate on the 7/11/1975 the 1st plaintiff is the surviving administrator of the estate of late Cletus Kwaku Hammond and beneficiary of same.
2nd and 3rd plaintiffs as well as the defendants are all beneficiaries of the estate of late Cletus Kwaku Hammond.
According to the plaintiffs the late Cletus Kwaku Hammond was survived by the late wife Mrs. Violetta Adjo Hammond, Emmanuel Hammond, Desmond Hammond, Clementine Kledo (Mrs. ), Benedicta Hammond, John Hammond, Veronica Hammond and Mrs. Cecilia Grey –Theriod.
Plaintiff submitted that following the death of their father the High Court, Ho on the 22/11/1984 granted Letters of Administration to the late mother of the plaintiffs Mrs. Violetta Adjo Hammond and the 1st plaintiff.
Plaintiffs submitted that the late Cletus Kwaku Hammond was the owner of the property including a building known as house No M148/1, Madina, Accra.
According to the plaintiff their mother a joint administratrix died on 9/10/2008. Plaintiff submitted that 1st defendant without any consultation and agreement with the other beneficiaries of the late Cletus Kwaku Hammond and acting suo motu sold a house belonging to their late father at Hohoe.
Plaintiff submitted that defendants who are all resident outside the country are presently in the country and have made a surveyor to survey house no M148/1, Madina, Accra.
Defendant has given a letter to some relatives of the parties to house M148/1, Madina, Accra demanding the relatives vacate the house.
Plaintiffs contended that despite the fact that the rooms in the house have been shared to the 7 beneficiaries; the defendants from all indications are bent on disposing of the house.
Plaintiffs further submitted that 1st and 2nd plaintiffs have rented their rooms and the defendants are preventing the tenants from living in the house.
Plaintiffs contended that the conduct of the defendants is irregular, unlawful and fraudulent.
Therefore plaintiffs claim per the reliefs endorsed on the writ.
On the 3/12/2013 plaintiff filed a motion for an order of interlocutory injunction against the defendant restraining them, their