W. O. (RTD.) LARYEA QUARTEY VS MOHAMMED KWARTEI LARYEA QUARTEY & ANOR
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE ELIZABETH ANKUMAH (MRS)
Areas of Law
- Civil Procedure
- Evidence Law
- Probate and Succession
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved a dispute between the Kpakpatse We family and the 1st defendant over the ownership of land in Adiembra-Nii Kwei-Te. The plaintiff claimed the land was family property wrongfully willed to the 1st defendant. The court considered the evidence, including family history and previous case law, and ruled in favor of the plaintiff family, revoking the probate given to the 1st defendant and reaffirming the land as family property.
On 11th May 2010 the then head of family of Kpakpatse We one E. K. Mensah deceased caused to be issued a writ of summons and a statement of claim against the defendants.
The Plaintiff’s claim is for: 1. “Recall and revocation of the probate granted on 22nd February, 2. A declaration of title to all that piece or parcel of land situate, lying and being at Adiembra-Nii Kwei-Te and bounded on all sides by the properties of Ayekwei Norley Denkyira, Nii Oku Manhia, Nii Lante Manhia, Ofori Manhia and Quaobedu Ashalaja, comprising 153. 512 acres evident by a duly certified site plan, which was also described in the Will being contested.
3. An account of rent accrued from parcels of land leased to tenants by Defendants since February, 2006 4. An order restraining the Defendants from dealing with the Kpakpa Tse We family lands at Adiembra, Nii Kwei-Te.
5. Any consequential order(s) as this Court may deem fit. ”It is the case of the Plaintiff/family that 1st defendant’s father one Nii Okai Quartey (deceased) was a member of the plaintiff’s family and former caretaker of the plaintiff/family land at Adiemra.
During the life time of the 1st defendant’s father (Okai Quartey) he leased some of the family land to tenants and royalties were paid through him to the entire family.
However upon his death the 1st defendant produced an alleged Will devising the entire family’s land to the 1st defendant.
The head of family passed on, he died on 5th February, 2012. The Court granted an order for substitution in May 2012 for W O Laryea Quartey, the new head of the Kpakpatse We family to be substituted for the deceased head of family.
The 1st defendant entered appearance and in his statement of defence denied every allegation of fact save what was expressly admitted.
He averred that the head of family of the plaintiff is a woman called Afiakor Quartey.
His late father has been in possession of the land since 1968, as the allodial title owner and had neither been challenged nor harass by the plaintiff/family.
As the beneficiary of his late father’s estate he has the right to enjoy same.
Counsel entered appearance for all the defendants but he filed statement of claim and counter claimed for 1st defendant only.
1st Defendant counterclaimed as follows: 1. 1st defendant repeats paragraphs 1 to 8 of his statement of defence and counter claims against the plaintiff as follows: i. “A declaration to title to all that piece or parcel of land situate, lying and being at Adiemb