Owusu Acheampong and 2 Ors v. Kofi Bediako and 3 Ors
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE PATIENCE MILLS-TETTEH (MRS.)
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Probate and Succession
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case revolves around the ownership and possession of a property and business located at plot M177 in Madina, Greater Accra Region, Ghana. The plaintiffs sought declarations of title, recovery of possession, specific performance, and damages for breach of contract. The defendants, administrators of the estate of the late Mr. Asenso, counterclaimed for accounts, possession, and title declarations. The court found in favor of the defendants, holding that the property and business were solely owned by the late Mr. Asenso and the plaintiffs were not partners in the business. The plaintiffs' claims were dismissed, and the defendants were awarded possession and title of the property, with costs and damages assessed against the plaintiffs.
As a prelude to this case, there was an earlier suit filed in November2011 and instituted by the 2nd and 3rd plaintiffs herein as administratorsof Mr. Anim Ayeko, it is important to note that the 1st plaintiff hereinwas the 1st defendant in that suit numbered FAL77/12 and thewithdrawal of that suit was a result of the fact that the property in issuesubject matter of this suit and the suit therein, was not filed as part ofthe Estate of the late Anim Ayeko.
The 2nd and 3rd plaintiffs herein weretherefore claiming a property which was not at the time of the first suitlisted as one of the properties on their Letters of Administrationtendered.
When the 2nd and 3rd plaintiffs herein became aware they discontinued that suit, and the 1st defendant therein initiated this suitas the 1st plaintiff on the same subject matter.
This is the background tothis action.
After the initial action by the 1st plaintiff herein, a motion for joinderwas filed on the 20th of November 2014 for an order of joinder of theadministrators of the Estate of the late M. K. Anim Ayeko.
The order wasgranted and Samuel Ayeko Anim and Daniel Anim Ayeko were joined as2nd and 3rd plaintiffs.
The suit herein instituted on 11th July 2014, was therefore amended on24th December 2014 after grant of the order of joinder of 2nd and 3rdplaintiffs.
The three plaintiffs then filed the following reliefs against thedefendants in the suit herein; a. 2nd and 3rd plaintiffs claim against 1st to 3rd defendants for a declaration of title to all that piece and parcel of land popularlyknown as plot no. M177 situate at Madina, Firestone in theGreater Accra Region of the Republic of Ghana.
b. 2nd and 3rd plaintiffs claim an order of recovery of possession against 1st to 3rd defendants.
c. 1st Plaintiff claims against the 1st to 3rd defendants an order for specific performance of the partnership agreement between the1st plaintiff and the late Emmanuel Asenso which said agreementcame into force and implemented on or about 1974 when the twoparties were granted license to mould blocks on plot no. M177Firestone –Madina in the Greater Accra Region.
d. An order for the production and cancellation of Land title Certificate with lodgment number 06114/2009 and expunging same from the record of the 4th defendant.
e. 1st plaintiff claims damages against 1st to 3rd defendants for breach of contract.
f. Cost including solicitors fees.
FACTS: The facts of this case are that, the 1st plaintiff and Mr. Asenso were twobusi