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J U D G M E N T
SOPHIA A. B. AKUFFO (MS), J.S.C:.
By a Writ of Summons issued on 1st April 1994, the Respondents (hereinafter referred to as ‘the Plaintiffs’) sued the original Appellant (hereinafter referred to variously as ‘the Defendant’ or ‘Madam Wood’, claiming the following reliefs:-
A declaration that, on the death intestate of Sylvia Adoley Garshong her self acquired property, House Number 649/10, Awudome Close, also known as number 1070, Kaneshie, became the property of her three children pursuant to Section 4(a) of the Intestate Succession Law, 1984 (PNDCL 111).
An order of the Court compelling the original Defendant, the co-administratrix of Sylvia Garshong’s estate to join the other administratrix in executing a vesting assent, vesting the said property in the children of the deceased.
An order of perpetual injunction restraining the Defendant from attempting to exercise any rights of ownership or possession over the property.
The basic facts giving rise to this dispute are that Madam Wood was the mother of the late Sylvia Garshong (hereinafter referred to as ‘Sylvia’) who died intestate on 22nd May, 1987, survived by three children namely the Plaintiffs and their younger sister, Sheila Derban. Upon Sylvia’s death, Madam Wood and the 2nd Plaintiff obtained letters of administration to administer Sylvia’s estate which, according to their declaration of the immoveable property of Sylvia, consisted, solely, of the abovementioned property; it was also her fixed place of abode at the time of her death. After the grant of the Letters of Administration on 11th November, 1987, Madam Wood, on 31st January 1989, deposed to an ‘Affidavit as to Change of Names on Housing Records’ wherein she declared, inter, alia that she was the one who financed the purchase of the property and that she has made extensions to the house. She further deposed, in paragraph 5 of the affidavit that:-
“… I have taken Letters of administration in respect of the said house and therefore I want the name Sylvia Adoley Garshong [to] be changed and substituted my name Faustina Wood in the record of the Housing Corporation.’
The Ghana Housing Corporation, the lessors of the property, to whom the affidavit was sent, eventually acted upon the request contained in the affidavit. It is worthy of note that at all material times the administrators of the estate of Sylvia Garshong never vested the property in any person, nor did the Defendant act with the knowledge or consent of he