Mrs. Violet Alla & ANOTHER v. Madam Mary Adjanor
May 26, 2022
COURT OF APPEAL
GHANA
CORAM
- M. Welbourne (Mrs), J.A. (Presiding)
- A. Gaisie (Mrs.), J.A.
- K. Baffour, J.A.
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Probate and Succession
May 26, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal concerns Primrose Villa (House No. C336/1 or C336/2, Manyo Plange Street, Adabraka, Accra), devised in 1947 to siblings Lily Patricia, Florence, and Thomas Hutton-Whitaker as tenants in common. Thomas Hutton-Whitaker’s daughters, acting as executrices of his estate, sued to eject hairdresser Eugenia from the outhouse, claiming trespass and seeking recovery of possession. Eugenia claimed lawful acquisition via an assignment from Ali Jebeile in 2003 and later obtained land title (GA-35866) after public notice. The High Court granted ejectment and dismissed Eugenia’s counterclaim. On appeal, the Court of Appeal struck out certain vague grounds and improper fraud allegations raised in reply, then held the Respondents lacked capacity because the property was held in tenancy in common; each co-owner’s share devolves independently. The writ and trial judgment were declared void, the appeal was allowed, and costs of GHȼ5,000 were awarded to the Appellant.
WELBOURNE, J.A
The facts of this case are that per the pleadings filed the Plaintiffs are executrices and beneficiaries to the Estate of the late Thomas Hutton-Whitaker (deceased), who together with the Estate of Madam Lilly Patricia Whitaker (deceased) and the Estate of Florence Whitaker (deceased) are joint owners of the property known as House Number C336/2 Manyo Plange Street, Adabraka, Accra acquired by a Deed of Gift dated 6th March, 1947 Registered No. 1841/1955 from the deceased’s late father Thomas Joseph Whitaker (Deceased). The property is described as Primrose Villa.
The Defendant is a businesswoman presently engaged as a Hair Dresser running a Salon in the premises as well as residing therein.
The Plaintiffs averred that on the 27th February, 2010 and 27th April, 2010, two letters written by Plaintiffs then solicitors to the Defendant to quit the property or to see Plaintiffs immediately for negotiations should she want to continue with the occupation of the property were ignored.
The Plaintiffs averred that the Defendant rather informed 1st Plaintiff orally that she had bought the premises being the outhouse that she occupies from Madam Lilly Patricia Whitaker (deceased) the Plaintiffs now late Aunt.
The Plaintiffs further stated that on 12th November, 2010, a further letter from the Plaintiffs present Solicitors was written to the Defendant requiring her, inter alia, to produce documents to support her claim and drawing attention to her claim to the property in dispute as being void as entered into without the consent and participation of the Estates of the late Thomas Hutton-Whitaker (deceased) and Florence Whitaker (deceased).
The Plaintiffs averred that a reminder letter was written to the Defendant dated 22nd December, 2010 to furnish Plaintiffs with the documents requested; neither of the two letters by Plaintiffs’ present Solicitors as averred was responded to.
A final reminder letter was therefore written to the Defendant dated 30th March, 2010 informing her of imminent legal action.
The Plaintiffs say that the occupation of the premises in dispute since 2008 by the Defendant is a trespass to the rights of the estate of the late Thomas Hutton-Whitaker (deceased) and Florence Whitaker (deceased).
The Plaintiffs averred that consequently they have suffered loss, inconvenience and are being put to substantial expenses in order to eject the Defendant from their property.
The Defendant in her amended statement of defence stated t