Mrs. Patricia Morton v. Victoria Ayaago Sekyi
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP BARBARA TETTEH-CHARWAY (J)
Areas of Law
- Civil Procedure
- Probate and Succession
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff, Patricia Morton, contested defendant, Victoria Ayaago Sekyi, over a disputed land parcel, claimed as part of the family estate of deceased Dorcas Adjoafio Kwei Mensah. Despite initial interlocutory judgment and later relistment, Morton established through evidence that the land was undivided family property. Defendant argued familial distribution but could not substantiate her claim. The court ruled for Morton, recognizing the land as family property, but did not grant full recovery or damages due to Defendant's beneficial interest. Orders for accounting and tenancy redirection were issued, and family advised to regularize estate administration.
Plaintiff, Patricia Morton, in her capacity as a beneficiary of the estate of herlate grandmother, Dorcas Adjoafio Kwei Mensah, hereafter referred to as thedeceased, filed a suit in the High Court against defendant, Victoria AyaagoSekyi, for the following reliefs; 1. A declaration that the land in dispute formed part of the undistributed estate of the late Dorcas Adjoafio Kwei Mensah 2. Recovery of possession of the said parcel of land 3. Damages for trespass 4. Perpetual injunction to restrain defendant and her agents from continuing with the uncompleted building on the land in dispute 5. An order for mesne profit directed against defendant for occupation and use of the land in dispute from the time of her illegal occupation to date of judgment or delivery up of possession.
Plaintiff’s case, as can be gleaned from her statement of claim, is that thedeceased was the grandmother of the parties.
The land in dispute formed partof the undistributed estate of the deceased who died intestate in 1995. According to plaintiff, defendant had illegally taken the document coveringthe land in dispute after their grandmother’s death and was in the process ofconstructing a chain of shops thereon.
Plaintiff further claimed that her late father, William Mensah Boye, and heraunt, Elizabeth Ayorkor Boye, had both objected to defendant’s illegalpossession of the land in dispute.
Her aunt had taken defendant to court insuit no L742/95 in the course of which the court had restrained defendant from continuing with the development of the structure on the land in dispute.
According to plaintiff, defendant did not have the family’s consent to developthe land in dispute and had not sought authorisation from the requisite bodyto do so.
She therefore prayed that defendant should be restrained by thecourt in order that she would not deprive other beneficiaries of their share inthe deceased’s undistributed estate.
On her part, defendant did not enter appearance to the suit.
As a result, plaintiff was granted interlocutory judgment against defendant on 3rd June 2013. The suit eventually was struck out by registrar’s summons on 30th April 2015. However, Counsel for plaintiff applied for relistment of the suit andsame was granted on 13th August 2015. Thereafter, a date was scheduled forplaintiff to lead evidence in proof of her claim and defendant was served witha hearing notice.
At the hearing of this suit, defendant showed up and wasafforded the opportunity to cross examine plai