MARY LARTEY & ANOR vs CHRISTIAN B. LARTEY & ORS
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP K. A. GYIMAH JUSTICE OF THE HIGH COURT
Areas of Law
- Probate and Succession
- Property and Real Estate Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The dispute stems from the will of J.T. Hammond, dividing House No. D824/4 Knutsford Avenue, Accra among descendants. Plaintiffs assert personal ownership and seek equitable distribution, while defendants claim it as family property. The court determined that the property was held in common by J.T. Hammond and his son, with specific shares. Redeveloped into 150 stores, the property’s character did not change to family property despite mutual agreements. The court decreed an equitable distribution: 50 stores to J.A. Hammond’s descendants and the remainder to other family lines as specified. Counterclaims by the defendants were dismissed, with costs awarded to plaintiffs and third parties.
Introduction
The late Joseph Thomas Hammond (commonly referred to as J. T. Hammond) who died on 20th June 1952 must be turning in his grave by now especially because of this suit and the series of suits that have arisen as a result of his estate.
The nature of these suits have brought disunity and disharmony among the family he left behind and that has really been epitomized in this present suit before me.
All the parties in this case are descendants of the late J. T. Hammond.
I make these preliminary comments because on page 3 of his will which was admitted in evidence as exhibit A, this is what the late Joseph Thomas Hammond stated:
“It is the preservation of my property and the enjoyment of peace and harmony that I charge the executors of this my will to observe. I accordingly absolutely forbid any disunity and litigation among my family.
All must be sincere to each other.
Any of my family failing to observe any of the above instructions which are my express wish and desire should be dealt with seriously by the executors.
The devisees must well observe the above and abide by it. ”Unfortunately, these words could only be the desires and wishes of the late J. T. Hammond and he cannot control the actions and activities of his children, grandchildren and great grandchildren from his grave.
Plaintiffs’ Claims
By a writ of summons issued on 26th July 2011, the plaintiffs claimed the following reliefs against the defendants:
i. A declaration that House No. D824/4 Knutsford Avenue, Accra is not a family property to be controlled and administered by the defendants.
ii. An order for an equitable distribution of the stores of House No. D824/4 Knutsford Avenue, Accra.
iii. An order directed at the defendants to account for the proceeds from House No. D824/4 Knutsford Avenue, Accra.
iv. An order for the appointment of a manager/receiver of House No. D824/4 Knutsford Avenue, Accra.
v. An order directed at the 4th defendant to remove the offending metal containers located at the entrance of House No. D824/4 Knutsford Avenue, Accra.
Defendants’ Counterclaim
By an amended statement of defence and counterclaim filed by the defendants on 28th September 2017, the defendants counterclaimed for the following reliefs against the plaintiffs:
i. An account of the rent or tolls collected by the 1st plaintiff from the toilet constructed from the J. T. Hammond Family for public use and account also for rent/goodwill collected from the tenants in the disputed hous