Try asking the following...
JUDGMENT
JUDGMENT
INTRODUCTION
1. This judgment relates to land.
2. The plaintiffs initiated this action as administrators and surviving children of the late
Seidu Dagomba. The defendants are described as extended family relations of the
plaintiffs and are not children of the late Seidu Dagomba. The reason why the name
of the late Seidu Dagomba comes up in this case is that the plaintiffs maintain that
the subject matter of this dispute, H/No. I 111, Poloya Fong, Tamale is the personal
property of the said Seidu Dagomba and that it devolved on them on the passing of
Seidu Dagomba. Defendants, on the other hand, disputes this assertion and aver that
the said house is a family property of the late Dohina Wumbiyeli, their grandfather.
3. On 16
th June, 2022 the plaintiffs instituted this action against the defendants for the
following reliefs:
“a. A declaration that H/No. I 111, Poloya Fong, Tamale was the self-acquired
property of Seidu Dagomba per a year on year lease dated 26th October,
b. A declaration that upon the death of Seidu Dagomba intestate, the said
house devolved upon his personal representatives.
c. A declaration that upon the grant of the Letters of Administration by the
Circuit Court, Tamale, H/No. I 111, Poloya Fong, Tamale became the
property of the plaintiffs who are the only surviving children of Seidu
Dagomba.
d. A declaration that under Dagbon Customs and Practices when a man dies,
his property is inherited by his surviving children.
e. Order ejecting the defendants, their assigns and agents or all persons
deriving interest in H/No. I 111, Poloya Fong, Tamale from the said house
and recovery of possession for the plaintiffs.
f. An order of perpetual injunction restraining the defendants herein, their
assigns, children, agents, workmen and all other persons however called
from interfering with plaintiffs’ possession, ownership, occupation and
usage of H/No. I 111, Poloya Fong, Tamale.
g. Costs.”
4. As already mentioned, the defendants disputed the claim of the plaintiffs. They filed
a Statement of Defence through their counsel on 28th June, 2022.
5. The respective cases of the parties herein are detailed below.
PLAINTIFFS’ CASE
st plaintiff testified for and on behalf of the other plaintiffs. The summary of plaintiffs’
case is that at all material times H/No. I 111 Poloya Fong, Tamale was the self-acquired
property of the late Seidu Dagomba. According to plaintiffs, the said property was
acquired by the