FLORENCE ESI IDUN v. AMA BESIWA

On the 26th day of May 2020, the plaintiff issued a writ of summons and statement of

claim against the Defendant for the following reliefs;

a. A declaration that the plaintiff is the proper person to be granted letters of

Administration with Will annexed to administer the estates of J.E Baiden.

b. A declaration that the Defendant and all her relations, namely Aunty Mary,

Badu, Maame, Kwamena, Ama Kakraba and Kwesi, have no interest in Hse No.

60/1 Tsintsimhwe, Agona Swedru.

c. A declaration that the Defendant and all her relations, namely Aunty Mary,

Badu, Maame, Kwamena, Ama Kakraba and Kwesi, all of H/No. 60/1

Tsintsinhwe, Agona Swedru, are liable to pay rent for all the period they have

occupied the rooms.

d. A declaration that the Defendant and all her relations, namely Aunty Mary,

Badu, Maame, Kwamena, Ama Kakraba and Kwesi, are trespassers in the said

property and are liable to damages for trespass.

e. An order of the honourable court directing the Defendant to pay to the

plaintiff's family the sum of GHC1440.00 unlawfully collected as rent advance

for one year for the use of the said Cocoa premises as church premises.

f. Interest on the said sum of GHC 1440 at the commercial rate of interest

g. Further or other reliefs

h. Costs.

The essence of the suit against the Defendant, as depicted in the statement of claim, is

that the Defendant, not being a family member of the late John Empson Baiden and

his wife, has sought to administer his estate to the exclusion of the plaintiff, who is the

recognised customary successor of the said J.E Baiden. According to her, though J.E

Baiden deceased died testate, his executors did not take probate before their death;

thus, his estate, including H/NO 60/1 Tsimtsinhwe, built by him, have been

administered by his family, and she, as his present customary successor has

administered the affairs of the said house for the past fifteen (15) years. However, the

Defendant and her family members have taken over the house to the exclusion of J.E

Baiden's family members.

THE CASE OF THE PLAINTIFF

In her statement of claim and witness statement, the plaintiff introduced herself as the

3rd customary successor to the estate of J.E Baiden and has been administering his

estate for the past 15 years. On the other hand, Defendant is a descendant of a house

help of J.E. Baiden's wife, known as Amba Gyanwah alias Mary Gomun deceased.

According to the plaintiff, the building H/No 60/1 Tsintsimhwe, Agona