[1992]DLHC2022 • October 20, 1992 • High Court
GORDON vs. ESSIEN
The case involves two consolidated actions concerning the administration and control of house No. 63/1, Old John Sarbah Road, Takoradi. Felicia Essien claimed to be the proper administrator of the house based on appointment by her late father, Matthew Dawson Essien, who had been entrusted with the property by the late Mary Mrakpore, a Nigerian who died childless in 1977. Miriam Gordon claimed authority through a power of attorney granted by the personal representatives of Mary Mrakpore, who had obtained letters of administration in Nigeria which were sealed in Ghana. The dispute centers on who has the legal right to administer the property and collect rents.
read moreJUDGMENT OF ABAKAH J. The matter before me consists of two consolidated cases. One was commenced on 21 January 1988 by Felicia Essien in the Circuit Court, Sekondi and it is numbered CS 5/88, and the other on 28 January 1991 in the Circuit Court, Takoradi by Miriam Gordon. It is numbered TLS 1/91. From the two indorsements in the two separate cases there is one issue of a decisive nature. A determination of that issue should bring this litigation to a perpetual rest. Let me reproduce the endorsements as formulated by the parties. The one in case No. CS 5/88 reads: “The plaintiff ‘s claim against the defendant is for: (a). A declaration that she is the proper person to administer the house known as house No. 63/1, Old John Sarbah Road, Takoradi as she was appointed by the late Matthew Dawson Essien before his death and has been doing so since the death of the said Matthew Dawson Essien in 1983. (b). Perpetual injunction restraining the defendant, her agents, servants, assigns, ...