VERONICA POKU v. MARY LARTEY

BY COURT:

On 14th November, 2008, the Plaintiff issued this writ, accompanied by a Statement of claim and claimed the following reliefs.

I. An Order for recovery of possession of the aforesaid land together with the house numbered C48/22 Abofu, Accra, the subject matter of this suit from Defendant.

II. Perpetual Injunction restraining Defendants, their heirs, privies assigns and all other persons claiming through Defendants and whatsoever described from interfering in any way disturbing Plaintiff’s Peaceful and or quiet enjoyment of her land, together with her house number C 48/22, Abofu, Accra, the subject matter of this suit.

III. General Damages for trespass.

The gist of the case of the Plaintiff put up in her Statement of Claim is that by an agreement between the Plaintiff and one Doris Lolonyo Hotse as the vendor she purchased the land in dispute together with the house thereon, and put in occupation her son Richard Peprah. That her son Richard Peprah died, and thereafter, the Defendant occupied the said house without her consent. Sometime in 2008, she caused her solicitors to write to the Defendant to vacate from the house. The Defendant also caused her solicitors to reply to the said letter, and denied Plaintiff’s title.

The Defence of the Defendant is that it was Richard Peprah, her Sister’s husband who came down to Ghana from United States and acquired the disputed premises from Madam Efe Amponsah Mensah in 1994. That in 1997, Richard Peprah married her sister Mrs. Iris C. Peprah and they lived in this house till they left for the United States in 1999.

The Defendant pleaded further that Madam Efe Amposah Mensah prepared the document in respect of the house in the name of Plaintiff before Mrs. Iris C. Peprah was married. After the marriage, Richard Peprah requested Madam Efe Amponsah Mensah to change the documents into his name, but this could not be done before Richard died. That Richard Peprah devised the house in dispute to Iris C. Peprah the Defendant’s Sister.

With regard to the letters pleaded by the Plaintiff, the Defendant admitted that they were written, but the house belonged to her sister, by the Will of Richard Peprah, and therefore cannot be ejected.

The Defendant counter claimed as follows:

a. Declaration that the disputed house numbered C 48/22, Abofu, Achimota Accra has now devolved upon Mrs. Iris C. Peprah by virtue of a devise made by Richard Peprah (deceased) as contained in his last Will and Testament dated 24th July,