This is an Application for an order to value and for Judicial Sale of Landed properties under Order 30 of High Court (civil Procedure) Rules, 2004 (C.I 47). The Notice of Motion is pursuant to Section 104 of the Administration of Estates Act, 1961 Act 63. The Applicants are seeking the following reliefs:
1. “An order for the valuation and sale of landed properties forming part of the estates of the late Charles Wallace Quist and late Mrs Mercy Ama Quist and distribution of the said proceeds among all beneficiaries of the estates. Further and/or in the alternative
i. “An order directing any beneficiary or group of beneficiaries in opposition to the present application to buy out rest of the beneficiaries
ii. An order appointing the Registrar of this Court as manager Receiver to supervise the appointment of valuer and real estate brokers to assist in the disposal and distribution of the sale of proceeds under the direction of this Court”
This Application is supported by 18 paragraphs affidavit together with attachments including a list of the names of the beneficiaries and their off-springs, the judgment of the High Court differently constituted, Probate with Will annexed of Mercy Koshie Mills and Notice of Discontinuance of Appeal filed on 10/4/15.
The applicants allege that this application has its roots in the judgment delivered on the 16th of June 2009 by Justice Felicity Amoah (Mrs) where the applicants herein were not parties. In that suit entitled “1) James Alexander Quist, 2) Christian Charles Quist (suing for themselves and on behalf of their brother Andrews Quist) Vs. Peter Carl Quist (BFA 67/2008) is attached and marked as Exhibit 2; the plaintiffs’ therein claim was for an order for the distribution of the estate of the late Mercy Ama Quist and also for an order of accounts in respect of the defendant’s handling of the estate of the late Charles Wallace Quist. In that action the defendant (Peter Carl Quist) denied the plaintiffs claim and counterclaimed for accounts in respect of the estate of Charles Wallace Quist. The counterclaim succeeded.
The applicants herein are the grandchildren of the testator Charles Wallace Quist and his wife Mercy Ama Quist. According to the applicants they are seeking an order for the valuation and judicial sale of the landed properties contained in the judgment in respect of the above suit 1) James Alexander Quist, 2) Christian Charles Quist (suing for themselves and on behalf of their brother Andrews Quist)
