Robert Odamtten v. Raphael Wuta-Offei & ORS
November 6, 2014
COURT OF APPEAL
GHANA
CORAM
- Mariama Owusu, (Presiding)
- Acquaye, J.A.
- Dzamefe, J.A.
November 6, 2014
COURT OF APPEAL
GHANA
CORAM
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MARIAMA OWUSU, J. A:
On 8-8-2008, the High Court, Accra, dismissed the claims of the plaintiffs in the consolidated suits.
In its judgment, the trial court held among other things as follows; On the whole I find that plaintiffs in both suits lack the requisite capacity to sustain the action filed in this court.
I shall accordingly dismiss both suits filed by the plaintiffs in both cases.
The property has actually been sold to the 2nd defendant who has paid for it in full.
I find nothing to detract from the validity of the sale of the property to 2nd defendant for me to set the said sale aside and I decline to do so.
The court however has decided not to award costs to the 1st defendant.
However, the 2nd defendant who is not a member of the 1st defendant family and who has successfully defended the action against him is awarded cost of GH1, 000.
00 against the plaintiff in suit No. 96/2002 and a further cost of another GH1, 000.
Dissatisfied with the decision of the trial court, the plaintiffs appealed to the Court of Appeal on the following grounds: [1] That the trial judge erred in law in refusing to set aside the purported sale of the property in dispute otherwise known as KOALA SHOPPING MALL as same was unlawful. [2] The trial judge erred in law in not fully addressing the import of the Intestate Succession Law, 1985, [PNDCL 111] in his judgment. [3] Additional grounds of appeal may be filed upon receipt of the Record of Proceedings.
RELEIFS SOUGHT FROM THIS COURT: The judgment of the Fast Tract High Court in this suit dated 1-8-2008 be set aside.
Before dealing with the arguments advanced in support and against this appeal, I would like to give a brief background of this case.
The suits that were consolidated are suit No. AP 96/ 2007, titled Robert Odamtten vs. Raphael Wuta-Offei, 2. Mohammed Wolley filed on 29-5-2007 and suit No. AL 105/07 titled George Odamtten and 4 Others vs. Raphael Wuta-Offei & Mohammed Wolley.
The plaintiff in suit No. AP 96/2007 claims against the defendants jointly and severally the following:
a. An order setting aside the purported sale of the property known as Essie Lodge/Cedar House otherwise known as House No. F 889/ 2 Cantonments Road, Accra or Koala Shopping Centre.
b. An order of perpetual injunction restraining the defendants from disposing of the property or in any manner dealing adversely with plaintiffs interest in the property.
The plaintiffs in Suit No. AL 105/2007, by their writ of summons
AI Generated Summary
This Ghana Court of Appeal decision, authored by Mariama Owusu, J.A., arises from consolidated suits over Essie Lodge/Cedar House (Koala Shopping Centre) in Accra. The appellants, including Robert and George Odamtten, are grandchildren of Robert Benjamin Wuta-Offei, who acquired the property and died intestate in 1970, survived by his widow Barbara and four children: Percy, Roberta, Vida, and Raphael. After receivers managed the property and rents were shared, Raphael Wuta-Offei, the sole surviving child, obtained Letters of Administration on 30-11-2006 and sold to sitting tenant Mohammed Wolley (2nd respondent). Appellants sought to set aside the sale and claimed the 1st respondent needed their consent, invoking PNDCL 111 and estoppel. The Court held that under Osu patrilineal customary law, a daughter’s interest is a life interest held with siblings and does not pass to her offspring; the appellant lacked capacity, PNDCL 111 did not apply, and Raphael lawfully sold to Mohammed. The appeals against both respondents were dismissed.