LAUD NII ARYEETEY PALM v. PATIENCE ESSIE SOLOMON

DZAMEFE J.A:-.

This is an appeal against the decision of the Accra Fast Track High Court by plaintiff/appellant hereinafter referred to as the Appellant,in favour of the defendant/respondent hereinafter referred to as the respondent.FACTS The brief facts of the case are that the appellant and the respondent are siblings from the same mother, one Mrs. Diana Palm (deceased),who died on 30th October 2004.

A year following their mothers death, the plaintiff who is resident abroad, came down to Ghana for the one-year celebration only to announce to the hearing of the defendant for the first time that their mother, the deceased had made a Will.

Consequently, the Will was read and the devises in the Will, the subject matter in dispute, H/No.M85/5 also known asJerusalem House, made in favour of the various beneficiaries including the parties herein was made known to the defendant/respondent for the first time.The defendant/respondent (hereinafter called the respondent) right after the Will was read vehemently opposed the devises made in the Will in respect of H/No. M/85/5 since she insisted that the said house never belonged to her late mother to authorize her make a disposition of it in her Will.Consequently, probate (letters of administration with will annexed)of the Will was granted to one Major Wallace (Rtd) on 31st July,2006, one of the two executors of the Will.

The said executor proceeded to execute the vesting assent in favour of the appellant alone in respect of the devises made in his favour in the said Will i.e. in respect of rooms No. 1 and 2 and further pronounced him as the manager and receiver in respect of rooms No. 4 and 6 as per the Will.It was to enforce the enjoyment of these devises in his favour that the appellant instituted the instant action following his departure back to his base in the United States of America by giving a power of attorney to one Eric Adjei, who stood in on his behalf to prosecute the case.

The trial High Court went into the matter and gave judgment in favour of the respondent.

It is this judgment the appellant has appealed against.The plaintiffs claim at the lower court was:-.

a. A declaration that plaintiff is the owner of :-.

i. Room No. 1 together with adjoining kitchen, bath and toilet.

Room No. 2 in H/No.M85/5, Madina, Accra b. Recovery of possession of the said rooms No. 2 in H/No.M85/5, Madina, Accra.

c. Defendant account for rents collected from the tenants in rooms No. 4 &6 in the said house No.M85/5,