Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

NATHANIEL A. BADDOO & ORS v. MRS. MERCY AMPOFO & ORS

2016

HIGH COURT

GHANA

CORAM

  • ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

Areas of Law

  • Probate and Succession
  • Property and Real Estate Law
  • Evidence Law
  • Civil Procedure
  • Contract Law

AI Generated Summary

The case revolves around the administration of the estate of Rudolph Numo Baddoo, specifically concerning properties at Roman Hill, Kumasi. The Plaintiffs, recently granted Letters of Administration de bonis non, sought declarations and injunctive reliefs to prevent the Defendants from claiming the properties. The Defendants, asserting their role as authorized developers under a power of attorney, counterclaimed for declarations and damages. After examining the evidence, the court held that the Plaintiffs have the capacity to maintain the action and are not statute barred. It found that the Defendants acted under a valid power of attorney and established a legitimate agreement with the third Defendant. The Plaintiffs' challenge was mitigated by the doctrine of estoppel due to their inaction over the years. The court recognized the Defendants financial contribution and outlined a procedure for them to recoup their investment, thereby balancing the interests of both parties.

JUDGMENT