2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case stemmed from a dispute over the ownership of a plot of land. The Plaintiffs asserted that the land was part of the estate of Madam Elizabeth Adutwumwaa, while the Defendants claimed otherwise, challenging the Plaintiffs capacity and accusing them of fraud. The court addressed several issues, establishing that the property was indeed part of the estate, validating the Plaintiffs capacity to sue, and ruling that the Defendants had no legitimate claim to the land. As a result, the Plaintiffs claims were upheld, granting them possession of the land, damages for trespass, and an injunction against the Defendants.
JUDGMENT
This action was commenced on 17/02/2010 by one Veronica Owusu alias Akua Amankwaa. She described herself as the administratrix of the estate of the late Madam Elizabeth Adutwumwaa who was her mother. Following the death of the original Plaintiff, she was substituted by Kwaku Nyamekye, Agnes Acheampong and Frederick Opoku, her personal representatives, as the Plaintiffs. By their amended writ of summons filed on 07/07/2011, the Plaintiffs claimed against the Defendants herein as follows:
a) A declaration that title to Plot No.2, 4th Street Section2, Daban forms part of the estate of Madam Elizabeth Adutwumwaa @ Akosua Adutwumwaa.
b) Order for Recovery of Possession
c) Damages for trespass
d) Order for perpetual injunction restraining the Defendants herein whether by themselves or their assigns, agents, servants, workers and all or any other persons claiming ownership under or in trust from them or in any way interfering with or dealing with the land the subject matter of the instant action.
THE PLAINTIFF'S CASE:
The Plaintiffs described themselves as the administratrix and Administrators of the estate of the late Veronica Owusu who was the daughter of the late Madam Elizabeth Adutwumwaa alias Akosua Adutwumwaa. They averred that Veronica Owusu, as customary successor, was granted Letters of Administration by the Circuit Court, Kumasi, to administer the estate of her mother who died on 9th November 1995. Their case is that plot No. 2 4th Street Section 2 Daban-Kumasi forms part of the estate of the late Elizabeth Adutwumwaa but the 2nd Defendant has deposited sand thereon with the intention of developing the same. The Plaintiffs further averred that in 1986, the late Madam Elizabeth Adutwumwaa acquired the disputed plot from Nana Owusu Dominie, acting for and on behalf of the Baesiakwan stool; the grant was confirmed by the late Otumfour Opoku Ware II and documents were executed in her favour. Her development of the land was halted because of the resolution of a dispute between Kaase and Daban Stools but the Kaasehene died before the matter could be resolved. After the death of the Kaasehene, the 1st Defendant who holds herself out as the queen mother of Daban claimed that the disputed land forms part of her stool land and that she has the right to dispose of the same. The Plaintiffs also averred that after the death of the Kaasehene, the 1st Defendant went to Veronica Owusu (decd) in the company of another person and claimed to have sold the