HABIB ALI TOURE & 2 ORS vs MAWULI PORSOO & 3 ORS
2015
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP (SIR) DENNIS ADJEI, JA
Areas of Law
- Property and Real Estate Law
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court addressed a dispute over the ownership of House No. C 405/9, Accra New Town, claimed by the plaintiffs as part of Ali Mohammed Toure's estate. The defendants counterclaimed the property belonged to their parents from the estate of Yusif Adeyemo. The court found the sale to Toure invalid due to lack of capacity from the seller and dismissed the plaintiffs' claims, upholding some of the defendants' counterclaims.
The plaintiffs, the administrators of the estate of the late Ali Mohammed Toure who died intestate on 23rd October, 2003 instituted this action against the defendants jointly and severally for: “i. A declaration by the Court that House No. C 405/9, Accra New Town was sold to Ali Mohammed Toure (D’ecd) by the surviving children and beneficiaries of the estate of Alhaji Aliyu Adeyemo also deceased.
A declaration by the Court that Ali Mohammed Toure (D’ecd) was the owner of House No. C 405/9, Accra New Town and for that matter the said house forms part of the estate of Ali Mohammed Toure (D’ecd). iii.
An order directed at Defendant to eject him from House No. C 405/9 at Accra New Town.
Recovery of possession.
v. Costs”. The 2nd to 4th defendants who were joined to the suit which was initially instituted against the 1st defendant jointly with the other defendants counterclaimed against the plaintiffs for the following reliefs: “a. A declaration by this Honourable Court that where the defendants lived control and manage in House No. C 405/9 Accra belongs to their late parents who were beneficiaries of the estate of the late Yusif Adeyemo and upon their death, title in the said property is now vested in the 2nd, 3rd and 4th defendants and their siblings.
b. A declaration by this Honourable Court since Aliyu Adeyemo had no capacity to alienate the said house to Ali Mohammed Toure.
c. The purported sale of House No. C 405/9, Accra to Ali Mohammed Toure by Aliyu Adeyemo is null and void and of no legal effect whatsoever.
d. A declaration by this Honourable Court that the 1st, 2nd 3rd and 4th defendants are not tenants in House No. C 405/9 Accra because the said property had been shared among the beneficiaries of the estate of Yusif Adeyemo who are all deceased and their portions are being managed and controller by the 2nd, 3rd and 4th defendants and their siblings.
e. Perpetual injunction restraining the plaintiffs, their agents, servants, workmen, personal representatives and assigns from doing anything whatsoever in the disputed house pending the final determination of this action”. At the application for directions, five issues including the omnibus one were raised to determine the dispute between the parties.
The issues raised are as follows: “1. Whether or not Ali Mohammed Toure before his death on 23rd October, 2003 bought House Number C 405/9 Accra New Town from the surviving children of Alhaji Yusif Adeyemo.
2. Whether or not the surviving childr