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
2016
HIGH COURT
GHANA
CORAM
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
The Plaintiffs herein instituted the instant action in their capacity as the Administrators of the Estate of Rudolph Numo Baddoo after they had been granted Letters of Administration de bonis non by a Kumasi High Court. By their initial writ of summons issued on 18/05/2012, and subsequently amended on 06/06/2014, they claimed the following reliefs:
A declaration that Plot Numbers 4 and 5, Block 11, Bompata, Roman Hill, Kumasi which belonged to the late Rudolph Numo-Baddoo forms part of the Estate of Rudolph Numo Baddoo.
An order of perpetual Injunction restraining Defendants by themselves, servants, agents, assigns, workmen or however described from holding themselves out as owners or administrators of the said Plot numbers 4 and 5, Block 11, Bompata Roman Hill, Kumasi or seeking to deal with same in any way.
An order directed at Defendants to account for all expenditure incurred and income generated from the management of Plot Numbers 4 and 5, Block 11, Bompata Roman Hill, Kumasi beginning 1991 to date of final judgment.
By their respective amended statements of defence filed on 07/08/2015 pursuant to an order of the court dated 05/08/2015, the 1st and 2nd Defendants denied the Plaintiffs claims. The 1st Defendant then counterclaimed as follows:
A declaration that the Plaintiffs are bound by the agreement dated 8th March, 1993, and made between the family and Linda Nsiah Ababio ( the developer)
A declaration that the building put up by the 1st and 2nd defendants was gifted to them by the late Rudolph Ichbod A. Numo-Baddoo's children absolutely.
An injunction to restrain the Plaintiffs by themselves, their servants or agents or otherwise howsoever from disposing or interfering with the interest of the Defendants and the said developer in the said buildings, and from interfering with the quiet enjoyment of the tenants in the buildings.
Damages
Further or other reliefs.
The 2nd Defendant also counterclaimed for the reliefs as set out below:
I. A declaration that the two-storey building in front of Plot No. 4 is the property of the 1st and 2nd Defendants
II. A declaration that the plaintiffs and for that matter the Baddoo' family are bound by the agreement dated 8th March 1993 and made between the Baddoo family and Linda Nsiah Ababio ( the developer).
III. An injunction restraining the plaintiffs by themselves, servants, agents, assigns, workmen howsoever described form interfering with the tenants' quiet enjoyment of the property, and