KATE FIANYO vs CONSTANCE BADU

Per a writ of summons and statement of claim filed on the 11th day of November, 2022, the Plaintiffs mounted this action against the Defendant for stated reliefs:

1. A declaration that any discussion of any prior sale agreement for the property situated, lying and being at Chantan in Accra is unlawful void and with no binding effect

2. An order perpetually restraining the Defendant from entering the Plaintiff’s property

3. General damages for trespassing.

4. Cost

Case of Plaintiff

The Plaintiff is suing the Defendant for unlawful entry and destruction of property. The property in question was left by the Plaintiff’s deceased husband the late David Fianyo which was subjected to PNDC law 111. The Plaintiff initially at the time of her husband’s passing indicated an intention to sell the property and was approached by a friend that there was a potential buyer for the property. The Plaintiff expressed an interest in selling the property at around Ghc 600,000.00. Plaintiff avers that upon taking legal advice from her lawyer who she had instructed on her behalf to obtain letter of administration for her late husband’s property, he informed the Plaintiff that she could not sell the property as the property is not vested in her name and that of her children who are all beneficiaries of the property. That following the advice of her lawyer, the Plaintiff cannot make a sole decision for the children as she is holding the property in trust for the children. Upon the advice given by her lawyers Plaintiff avers that she informed her friend she will not be able to sell the property anymore to the potential buyer. That before receiving the legal advice the Defendant whom Plaintiff has never met before had without the Plaintiff’s knowledge deposited monies into her then fidelity bank account number 1050787187519 on 18th December, 2020 for Ghc 300,000.00 and 13th December 2021 for Ghc 100,000 respectively. That the payments were without any expressed and/or implied instruction by the Plaintiff and any sale or discussion of sale is of no legal and /or binding effect. That as a result of the payments made into her account, Plaintiff who was then in the UK had to travel back to Ghana to effect a refund to the Defendant for the monies made into Plaintiff’s account. Plaintiff shall contend that the advice given by her lawyers is that she will be intermeddling with the estate of her late husband for which she has obtained letters of administration and has a duty to ves