STEPHEN BORQUAYE & 1 ORS VS SETH METTLE- NUNOO & 4 0RS
2015
HIGH COURT
GHANA
CORAM
- JUSTICE PATIENCE MILLS-TETTEH (MRS.)
Areas of Law
- Property and Real Estate Law
- Equity and Trusts
- Family Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiffs claimed sole ownership over the Estate of Joseph Edward Mettle post-1991, challenged by defendants who claimed it remained family property. The Court held properties are family property, requiring account rendering by plaintiffs and a new family head's election. Key issues included interpretation of a 1915 Will, joint tenancy vs. tenancy in common, and compliance with legal document requirements. The Court referred to precedents and statutory interpretation to ascertain the correct legal principles surrounding property interests and administration, ultimately ruling in favor of defendants.
Plaintiffs instituted this action against the defendants on 13th August 2012 and amended the writ by substituting Victor Mensah for Stephen Borquaye as 1st plaintiff on 22nd October 2014 claiming the following reliefs:
1. A declaration that Estate of the late Joseph Edward Mettle became the sole property of Christiana Ayelesah Nukpa Mettle upon the death of the last devisee Saul Annan Mettle in 1991 and thus ceased to be family property.
2. A declaration that Stephen Borquaye substituted by Victor Mensah and Mercy Adaku Mensah are the lawful applicants for the grant of Letters of Administration to administer the Estate.
3. An order for perpetual injunction restraining defendants and all other members of the Annan Mettle families, save Stephen Borquaye substituted by Victor Mensah and Mercy Adaku Mensah from meddling with the Estate
of Joseph Edward Annan Mettle and now the sole property of Christiana Ayelesa Nkpa Mettle.
Defendants filed a defence to the action on 27th August 2015 and counter claimed for the following:
a) Declaration that the properties of late Edward Mettle are family property and not the personal property of late Christiana Ayelesa Nkpa Mettle.
b) That Stephen Borquaye the 1st plaintiff substituted by Victor Mensah representing 2nd plaintiff be ordered to render accounts of their stewardship of the Annan Mettle family properties.
c) The 1st and 2nd plaintiffs are ordered to surrender all documents, monies belonging to the Annan Mettle family in their custody to the head of family Henric Kojo Mettle.
d) Perpetual injunction restraining Plaintiffs from interfering with the Annan Mettle family property.
The facts of this case are that the relationship between the beneficiaries of the Will of Joseph Edward Annan Mettle, who died 1915, was that of joint tenancy. Upon the death of Saul Annan Mettle the penultimate surviving devisee, the plaintiffs contended that the property became the sole property of the last surviving devisee Christiana Ayelesa Nkpa Mettle and therefore the children of Christiana Ayelesa Nkpa Mettle namely Stephen Borquare substituted by Victor Mensah are the only lawful applicants for the Letters of Administration to ad minister the Estate of Christiana Ayelesa Nkpa Mettle and the entire Estate of Joseph Edward Annan Mettle. The defendants deny these facts and submitted that upon the death of the Penultimate devisee Saul Annan Mettle, Christiana Ayelesa Mettle assumed the mantle of head of the family of the An