LAMBERT SACKEY & ANOR vs GEORGE CHIDIACK & ANOR
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP PATIENCE MILLS- TETTEH (MRS.), J
Areas of Law
- Property and Real Estate Law
- Probate and Succession
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case concerns a disputed property located at H/No. 10 Jomo Street South La Estate, Accra. The plaintiffs, grandchildren of the original purchaser, claim ownership and seek recovery of possession along with other reliefs. They allege that the property passed to them after the death of their mother. The defendants, currently in possession, contend that the property was bought by the plaintiffs' grandfather for their late father, Joseph Fouad Chidiack, under a special arrangement because of legal restrictions. The court ruled in favor of the defendants after finding that the plaintiffs failed to prove their claims and dismissed the letters of administration stating fraud and lack of standing.
The subject matter of this action is property H/No. 10 Jomo street South La Estate Accra.
The defendants are in possession.
The plaintiffs are claiming among other reliefs, recovery of possession, and the defendants are counter claiming for declaration that the property belongs to the estate of their late father.
It is not in dispute that the plaintiff’s grandfather was the original purchaser but it is also not in dispute that an entire generation of the defendant family had lived in the property by some arrangements which permitted Joseph Fouad Chidiack to live in the property and after his death, the property passed on to Jack Chidiack and after the death of Jack Chidiack the property passed on to William Chidiack and subsequently to the defendants herein.
In order that the plaintiffs recover possession they must prove their averment that the defendants until now have been tenants who have been asked to vacate the property after asserting the title of the plaintiffs and consequently they have instituted this action to recover their property from the defendants with the following reliefs:
1. Declaration of title to H/No. 10 Jomo Street South La Estate Accra.
2. Recovery of possession.
3. Perpetual injunction restraining the defendants their assigns, servants workmen or any person claiming through them from entering or interfering in anyway with H/No. 10 Jomo Street South La Estate, Accra.
4. Damages.
CASE OF THE PLAINTIFF
The plaintiffs are the administrators and the beneficiaries of the late Alice Adwoa Johnson and sued in that capacity.
The property in dispute was acquired by the grandfather of the plaintiffs Mr. S. K A Johnson.
Upon the death of plaintiffs’ grandparents, the property is said to have devolved to the plaintiffs and their late mother who was the only child of the late S. K. A Johnson and upon the death of plaintiffs’ mother, plaintiffs stated that they took Letters of Administration in respect of all properties that devolved on their mother.
The plaintiffs stated that during the lifetime of their grandfather, their grandfather rented out H/No. 10 Jomo St. South La Estate, Accra to one Jack Chidiack.
After the death of Jack Chidiack, an uncle of the defendant by name William Chidiack came to live in the house and brought the defendant to come and live in the house.
According to the plaintiffs, the said William Chidiack was sued by one Barima Adwing Bonsu who claimed to be the administrator of the late S. K. A. Johnson in