THERESA YEBOAH & ORS v. KWABENA BAWUAH & ORS
2022
SUPREME COURT
GHANA
CORAM
- PWAMANG JSC (PRESIDING)
- DORDZIE (MRS.) JSC
- PROF. KOTEY JSC
- TORKORNOO (MRS.) JSC
- AMADU JSC
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per DORDZIE (MRS.) JSC, resolved a long-running property dispute over House No. J22/1, Nungua, between the widow and daughter of the late Samuel Yeboah and several of his relatives, including first defendant Kwabena Bawuah. Although Yeboah died testate, the Nungua house was acquired after his will and thus fell into intestacy; the plaintiffs obtained Letters of Administration and tendered an indenture (Exhibit H) evidencing Yeboah’s title. The High Court granted recovery of possession and found the defendants to be licensees. The Court of Appeal accepted Yeboah’s ownership but, relying on speculative and unproven contributions by Bawuah and Atakora, restrained the plaintiffs and purported to confer a life interest. On a sole ground that the judgment was against the weight of evidence, the Supreme Court reheard the case, emphasized the burden of producing evidence in civil matters and the caution against statements attributed to deceased persons, rejected the defendants’ bare assertions, and unanimously restored possession, injunction, mesne profits, and costs in favour of the plaintiffs.
DORDZIE (MRS.) JSC:-
FACTS
The litigation in this suit is over a dwelling house described as House Number J 22/1 Nungua believed by the appellants to be a self-acquired property of Samuel Yeboah (deceased). He died on 7 September 2005. The plaintiffs/respondents /appellants (plaintiffs) are the widow and daughter of the late Samuel Yeboah. Both plaintiffs are personal representatives of the late Samuel Yeboah. Samuel Yeboah died testate but the house in dispute was acquired after he made his will therefore, it is not included in his will. The appellants obtained Letters of Administration to administer the portion of his estate that had fallen under intestacy. The defendants/respondents (defendants) are the relatives of the deceased Samuel Yeboah and they occupy rooms in the house in dispute. The first defendant who claims ownership of the house resisted the efforts of the plaintiffs administrators to administer the estate. The plaintiffs therefore instituted an action in the High Court Accra, per a writ of summons dated 18th of October 2007, seeking the following reliefs:
a) Recovery of possession of house numbered J 22/1, Nungua, Accra.
b) An order for perpetual injunction restraining the Defendants, their assigns, agents, heirs, workmen and all persons claiming through them from interfering with Plaintiffs' administration of the estate of the late Samuel Yeboah.
c) Mesne profit from February 2006 till date of judgment.
In support of their prayer in the writ of summons, the plaintiffs averred the following facts in their statement of claim.
1.“Plaintiffs say they were granted Letters of Administration by the Circuit Court, Accra on the 23rd of February 2006 to administer the intestate portion of the estate of the late Samuel Yeboah.
2.Plaintiffs say during the lifetime of Samuel Yeboah, he granted permission to the 1st and 2nd Defendants to occupy various rooms in house number J 22/1, Nungua his personal property.
3.Plaintiffs say the 1st and 2nd Defendants paid nominal rent to the late Samuel Yeboah as they are his nephew and niece respectively.
4.Plaintiffs say the late Samuel Yeboah also allowed another nephew of his namely Badu to occupy a room in the same house under the same arrangement as that of the 1st and 2nd Defendants.
5.Plaintiffs say after the grant of the Letters of Administration to them they requested 1st and 2nd Defendants to vacate the property but they have refused to do so.
6.Plaintiffs say Badu vacated the room he was occ