TETTEH OTUTEY TSIRAPAH vs FRANCIS KOJO AKWADAH
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP BARBARA TETTEH-CHARWAY (J)
Areas of Law
- Probate and Succession
- Evidence Law
- Property and Real Estate Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sued the defendant for ejectment, possession recovery, rent accounting, and a perpetual injunction, claiming to be the sole administrator of an estate. The defendant contested this, alleging oral house gifts. The court found the plaintiff legally appointed as the administrator and no credible evidence of such gifts, ruling in favor of the plaintiff for all reliefs sought.
The plaintiff, Tetteh Otutey Tsirapah, sued the defendant, Francis Kojo Akwadah, for the following reliefs; 1. Ejectment of the defendant from house number B65/10 and house number B67/10 Orgle Road, Bubuashie, Accra; 2. Recovery of possession; 3. An order for the Defendant to account for all rents collected on the said houses from 1999 to date and; 4. Perpetual injunction.
In his amended statement of claim, the plaintiff asserted that he was the sole surviving administrator of the estate of Agnes Nyeke Tsirapah (deceased), whilst the defendant was a tailor and a nephew of the plaintiff.
He further claimed that upon the death of Agnes Nyeke Tsirapah, who was his half sister, Letters of Administration were granted to Mercy Asidahe Tsirapah and Comfort Amoaseyo Tsirapah, the defendant’s mother, to administer her estate.
According to the plaintiff, the High Court subsequently amended the Letters of Administration to substitute the plaintiff for Mercy Asidahe Tsirapah when the latter became mentally ill and was confined at the Mental Hospital.
He further claimed that upon the death of his co-administrator, Comfort Amaoseyo Tsirapah, he became the sole administrator of the estate of Agnes Nyeke Tsirapah.
The plaintiff contended that, without his knowledge, consent and authority, the defendant had rented out two houses, namely house number B 65/10 and house number B67/10, Orgle Road, Bubuashie that formed part of the estate of Agnes Nyeke Tsirapah, to tenants from whom he had collected rent since 1999. He claimed that when he instructed his lawyer to write to the defendant to abrogate the tenancies and to vacate the said houses, the defendant refused to collect the letter.
The plaintiff further claimed that the defendant and his brother, Samuel Tetteh Akwadah, had leased a vacant plot of land situate near the two houses in dispute to Christ Disciples Church International and kept the proceeds to themselves.
He claimed that Samuel Tetteh Akwadah was presently hiding in Italy.
Additionally, the plaintiff claimed that without his knowledge or consent, the defendant and his brother, Samuel Tetteh Akwadah, had fraudulently sold the shares of Agnes Nyeke Tsirapah in CFAO and UNILEVER Ltd and appropriated the proceeds.
The plaintiff contended that the defendant, who was not a beneficiary of the estate of Agnes Nyeke Tsirapah, was intermeddling in the said estate.
He urged the Court to eject the defendant from his present residence in order to prevent further i