FLORENCE ESI IDUN v. AMA BESIWA
2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MALIKE AWO WOANYAH DEY (HIGH COURT JUDGE
Areas of Law
- Probate and Succession
- Property and Real Estate Law
- Evidence Law
2023
HIGH COURT
GHANA
CORAM
AI Generated Summary
At the Cape Coast High Court, Her Ladyship Malike Awo Woanyah Dey adjudicated a long-running family-property dispute over House No. 60/1 (renumbered TS 117/2) at Tsimtsimhwe, Agona Swedru. The plaintiff, the third customary successor of John Empson Baiden, asserted Baiden purchased the land in 1923, built the house, died testate, and that only three single rooms were devised to his wife, Amba Gyanwah (Mary Gomun), with the remainder forming family property. She alleged the defendant, claiming descent through Gyanwah’s line, seized control, collected rents including a GHC 1,440 advance for the chapel, and installed relatives without paying rent. The court interpreted Baiden’s will to give Gyanwah only three single rooms and rejected the defendant’s claim to the entire house. It granted the plaintiff letters of administration with will annexed, limited the defendant’s interest to three rooms, ordered repayment of rents, interest, and costs, and dismissed trespass damages given the defendant’s mistaken belief.
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