GH - MOHAMMED ALHASSAN VS ISSAH BASHIRU

Per the writ of summons and statement of claim filed 5th March 2019, Plaintiff sought the following reliefs: i. An order of the Honourable Court declaring that the activities of the defendant over the properties of the late Mariatu Bashiru constitute intermeddling in law.

An order that the Plaintiff is the rightful person to apply for letters of administration to administer the estate of the late Mariatu Bashiru.

Perpetual injunction restraining the defendant, his agents, assigns, privies, and all who claim through him from interfering with the estate of the late Mariatu Bashiru.

An order(s) the Honourable Court may deem fit and proper.

Per Plaintiff’s statement of claim, he got married to the younger sister of Defendant on 5th June 2016 under Muslim law at Nsutam.

The couple cohabited at Nsutam.

The plaintiff averred that after the marriage, his wife took ill resulting in her death and medical attention sought for his wife strained the couple’s finances.

The plaintiff averred that before their marriage, his deceased wife had an uncompleted building at Paradise, Nsutam which he helped his wife to complete before his wife’s sickness intensified.

It is the case of the Plaintiff that following the death of his wife the Defendant has annexed the building, taken over of his wife’s belongings including her store at Nsutam, and sacked the Plaintiff from the building.

It is the Plaintiff’s case that he contributed significantly in putting up the building in particular and he is entitled to the building as the surviving spouse of his deceased wife.

Defendant filed a defence and counterclaim on 4th April 2019. Defendant generally denied Plaintiff’s claim.

Defendant, however, admitted that on 5th June 2016, Plaintiff married his younger sister under Muslim Law and the couple cohabited at Nustam after the marriage but not in the house in dispute.

Defendant also admitted that before the marriage Plaintiff’s wife had an uncompleted building at Paradise, Nsutam but added that the building was already completed before the marriage.

Defendant contended that the medical expenses incurred during the illness of Plaintiff’s wife who was Defendant’s sister were largely borne by him and the money spent by Plaintiff in respect of his wife’s illness was the latter’s money.

Defendant contended also that the deceased had already completed the building which is on family land and therefore Plaintiff did not in any way contribute to the construction of the said building