KWEKU ISSAH & ANOTHER v. FATIMA WALA & OTHERS

J U D G M E N T

ADJEI, J.A:

The Plaintiffs took this action against the Defendants jointly and severally for:

a. A declaration of title to the effect that House No. AB 132 being and situate the Nkwantadu vicinity of Abura, Cape Coast is the Nkwantadu property /House of Asana Efua Atta section of the Aboradze family of Abura, Cape Coast.

b. A declaration to the effect that the self acquired Houses of late Kojo Hamidu (a.k.a Kojo KAkraba No. 2) which he did possessed of and owned by him are Houses number AB 177 and A 152 situate and being at Abura, Cape Coast.

c. An order of perpetual injunction restraining the Defendants, their agents, servant/assigns from in any way to interfere with the 1st Plaintiff’s Asana Efua Atta section of Aboradze family of Abura, Cape Coast.

d. A declaration jointly by the 1st Plaintiff and 2nd Plaintiff who is the eldest daughter and sibling of late Kojo Hamidu to the effect that the self acquired house of late Kojo Hamidu which should have been included in the inventory of the application for grant of Letter of Administration in respect of the estate of late Kojo Hamidu in addition to House number AB 177 is AB 152 also situate and being at Abura, Cape Coast.

e. A declaration that the Defendants misled the High court, Cape Coast by fraudulently adding House Number AB 132 situate at Nkwantadu vicinity of Abura, Cape Coast to the inventory attached to the Letter of Administration in respect of the Estate of late Kojo Hamidu and also falsely misdescribed the plot of land at Akotokyir as land simpliciter when there is unfilled cement foundation thereon as an ordinary plot of land in order to be granted power by this Honourable Court for same to be distributed by the Defendants according to their own unlawful manner.

f. A declaration to the effect that it is unlawful for the Defendants to distribute House Number AB 152 situate at Abura, Cape Coast which rightly by law is one of the self acquired properties of late Kojo Hamidu but was deliberately left out of the inventory in respect of the estate of Kojo Hamidu when the High Court, Cape Coast did not grant the Defendants power to administer the said House Number AB 152, Abura, Cape Coast”.

The thrust of this suit is about the ownership to House No. AB 132 Nkwantadu Abura, Cape Coast, House No AB 177 and House No. AB 152, Abura Cape Coast. The Plaintiffs contend that H/No. AB 132 Abura Cape Coast is their family property and it was fraudulent on the part of the Defendants to h