The Plaintiff who is ordinarily resident in London, on 2 nd October 2019 issued a Writ of Summons and a Statement of Claim against his step son for the following reliefs:
i. Declaration of ownership of fourbedroom house situates at Oduponkpehe plot No. 63 Kasoa.
ii. Recovery of possession of the said house from the Defendant.
iii. Perpetual injunction on the Defendant, agent and assigns from having anything to do with the said property.
iv. An order directed to the Defendant to render account for the rent received from the tenants for the past number of years of years.
The Defendant also filed a Statement of Defence and Counterclaimed against the Plaintiff as follows:
1. An order directed at the Plaintiff to declare and to render accounts of all properties howsoever found acquired by the Plaintiff either alone or together with Defendant's late mother Margaret Donkor during the subsistence of their marriage.
2. An order directed at the Plaintiff that fifty percent of any such properties referred to in Relief 1 above including house numbered 63, OdupongkpeheKasoa should form part of the estate of the late Margaret Donkor to be shared according to the Intestate Succession Law, PNDC Law 111.
3. An order directed at the Plaintiff that of his share in the proceeds in respect of the Glory Senior High School at Kasoa should form part of the estate of the late Margaret Donkor to be shared according to the intestate Succession Law, PNDC Law 111 and further order for Plaintiff to render accounts of the said fifty percent.
4. An order directed at the Plaintiff that any pension, bank balances, investments of the late Margaret Donkor taken or about to be taken by the Plaintiff should be disclosed by the Plaintiff for same to be shared according to the Intestate Succession Law, PNDC Law 111.
5. Any other orders that this Court would deem fit.
6. Cost and legal Expenses in favour of Defendant.
SUMMARY OF THE PARTIES CASES
The Plaintiff is the widower of the Defendant's late mother who were married for some 22 years. The Defendant's mother died intestate on 27 th July 2010. During the course of the marriage between the Plaintiff and Defendant's late mother, the property situated at OdupongkpeheKasoa was jointly acquired and registered in their joint names which has not been disputed by the Defendant Counterclaiming Plaintiff. The Defendant has been in occupation of the said property since acquisition by the couple as the Plaintiff and his mother were all
