THEOPHILUS DJANGMAH v. PATRICK DJANGMAH, BROTHER, KORKOR VIDA AND DORIS KOSI NYARKO

JUDGEMENT

This is a part-heard case as such proceedings were typed, corrections in the proceedings

were made and adoption of proceedings was effected.

The Plaintiff instituted the instant action jointly and severally against the defendants for

the following reliefs:

1. Declaration of title and possession of a single room apartment in a family house

No. C1/5 located at Somanya – Sawer

2. Costs of litigation.

In the Witness Statement of the Plaintiff he stated that he is one of the grandchildren of

one Nyumoh Obuter and that Nyumoh Obuter was the one who put up the house in

dispute. He added that Nyumoh Obuter has three (3) children with a certain woman

namely Kofi Obuter, Dede and Adzo Salomey. Later Nyumoh Obuter married Maa

Yodzo with whom they gave birth to Noah Tetteh Kwashie who was the 4th child of

Nyumoh Obuter and the 1st child of Nyumoh Obutei and Maa Yodzo. The said Noah

Tetteh Kwashie was the biological father of the Plaintiff. He added that his grandfather

Nyumoh Obuter died and was succeded by the Plaintiff’s late father Noah Tetteh

Kwashie.

According to the Plaintiff, the 1

st Defendant Patrick Djangmah is his step-brother and

the 2nd and 3rd Defendant are his relatives but have no common inheritance with him.

He added that the 4th Defendant, Doris Kosi Nyarko is his cousin because she (4th

Defendant) is the daughter of his (Plaintiff’s) aunt by name Dede. The Plaintiff further

stated that his father Noah Tetteh Kwashie inherited the room in issue (single room

apartment) from his father Nyumoh Obuter but he (Noah Tetteh Kwashie) was not in

occupation of same as he was staying in his own apartment at a different location but in

the same area. He added that his late father told his (Plaintiff’s) aunt by name Gladys

Dede Teiko to live in the room in dispute but the defendants who are laying claim to

ownership of the room broke into same and blocked the main door with cement blocks

and created another door on 17/7/2019 at a time that Gladys Dede Teiko was in

occupation of same. The Plaintiff and his uncle by name Michael Quao approached the

defendants for amicable settlement of the issue but the defendants did not listen to

them and rather gave the said room out to another person to occupy.

In the witness statement of PW1, Cecilia Bruce – Baiden (Mrs.) who is a younger sister

of madam Gladys Dede Teiko, she corroborated the evidence of the Plaintiff and added

that Gladys Dede Teiko has been in occupation of the