MADAM DOE GLAH vs ISAAC ETSE GLAH

The Plaintiff issued a Writ of Summons at the Registry of this Court claiming the following reliefs:

a. A declaration that the plot and the dwelling House No. B 442/18 willed by Samuel to Sedami Kingsley Glah and his uterine brothers and sister are not the self acquired properties of Sedami.

b. A further declaration that the registration of the properties in the personal name of Sedami Glah by the late Sedami Glah is wrongful and the house should be registered in the names of Isaac Etse Glah and Madam Doe Glah.

On the 13th of May, 2015 the Defendant entered appearance by himself but failed to file a Statement of Defence within the stipulated time as required by the rules of court.

The Plaintiff then brought an application for judgment in default of Defence against the Defendant.

On the 14th of July 2015 this court differently constituted entered interlocutory judgment in favour of the Plaintiff.

An interlocutory judgment entered does not determine the rights of the parties.

It is only interim or temporary, not constituting a final resolution of the whole controversy.

I refer to REPUBLIC V HIGH COURT (FTD), KUMASI &ATTORNEY- GENERAL; EXPARTE CHARLES OWUSU ANSAH [2014] 70 GMJ 1. To this end the Plaintiff proceeded to adduce evidence in support of her claim on the 30th of October 2015. According to the Plaintiff she and the Defendant are siblings of the late Samuel Kingsley Glah who died in 1984. Plaintiff claims that their father Samuel Glah in his will devised the land and House No. B 442/18 to them.

In court the will of the late Samuel Kingsley Glah was tendered in evidence without any objection as Plaintiff’s EXHIBIT A. It is the case of the Plaintiff that their brother, one Sedami Glah who is deceased whilst alive went to the Lands Commission and had House No. B 442/18, Bubiashie and the plot of land registered in his personal name as if same are his personal properties.

Plaintiff issued this writ against the Defendant who is the administrator of the Estate if the late Sedami Glah for the reliefs sought.

Indeed per paragraph 6 of EXHIBIT A the house in contention was not willed to only one person.

The said paragraph provides: “To my son SEDAME and all his uterine brothers and sisters, I DEVISE absolutely and in equal shares my dwelling house situate at Bubuashie, Accra, together with the adjoining plot of land.

I accordingly DIRECT that the said dwelling house shall be their residence after my death” A will is meant to express the wishes a