2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal centered on the administration of an estate property initially ruled by the High Court. The Court of Appeal overturned the High Court's ruling, deeming the High Courts previous judgment (Exhibit 3) relevant, and found that John Jackson (Kojo Wangara) and his privies were estopped from claiming the house. The Court of Appeal also dismissed the arbitration awarded as invalid and upheld the appellants' counterclaim for possession of a room occupied by the second respondent. Thus, the appellate ruling ordered possession of the disputed room to be handed to appellants and dismissed the respondents' claims.
JUDGMENT
HONYENUGA, J.A.
This is an appeal against the judgment of the High Court dated the 19th day of May 2014. The trial High Court gave judgment in favour of the plaintiffs/respondents (hereinafter called the respondents) as against the defendants/appellants (hereinafter referred to as the appellants).
The facts of this appeal were that one Jack (deceased) alias Papa Bernieh was the father of both late John Jackson also known as Kwadwo Wangara and the second respondent. The first respondent is a son of late John Jackson whose mother was Esi Obireyeden. Esi Obireyeden in her lifetime while married to Papa Bernieh purchased a piece or parcel of land and constructed a building thereon for her son John Jackson and her siblings. After the death of Papa Bernieh, John Jackson took over control and management of the said house until he died leaving the respondents in the house. The appellants claimed the house in issue by claiming that they are family members of the late Papa Bernieh and upon his death the property devolved unto them as family property. The respondents were therefore compelled as a result of their claim issued a writ and a statement of claim which were later amended at the High Court Sekondi claiming against the appellants as follows:-
“i. A declaration that as the only surviving son and sister of the late John Jackson who died intestate, they are the proper persons entitled to be granted Letters of Administration to administer House No. A 334/28.
ii. An order granting Letters of Administration to the plaintiffs for administration of House No. A 334/28, Apowa.
iii. Perpetual injunction restraining the defendants, their relations, agents, servants and assigns claiming through them from in any way interfering with the deceased’s estate including House No. A 334/28, Apowa”.
The appellants filed a Statement of Defence and counter which was later amended. They counter-claimed as follows:-
“19. The defendant repeat the averments in paragraph 1 to 19 supra and contend that the 2nd plaintiff having demised the title of their Ntwea family to the house in issue has forfeited her licence to live in the house in issue.
20. The defendants therefore counterclaim against the 2nd plaintiff for an order for the recovery of possession by defendants’ family of the one room occupied by the 2nd plaintiff in the house in issue”.
A reply was filed by the respondents. An application for directions and additional issues were filed and taken as follows:-
“i