[2000]DLCA110May 4, 2000Court of Appeal

AMOYAW vs AMOYAW AND ANOTHER

The plaintiffs, administrators of the estate of the late Alexander William Amoyaw Snr, claimed damages and injunctions against the defendant, a grandson of the deceased, for trespass and unauthorized occupation and alteration of house No C31/3, Farrar Avenue/Sobukwe Road, Accra, part of the estate. The defendant claimed ownership through a gift from his father, Amoyaw Jnr, son of Amoyaw Snr, and denied relationship with the plaintiffs. The trial court found the plaintiffs as rightful administrators and awarded damages and reliefs against the defendant.

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JUDGEMENT Ansah JA. Delivered the first judgment at the invitation of Baddoo JA. The plaintiff-respondents (hereinafter referred to as the plaintiffs) claimed as administrators of the estate of the late A W Amoyaw Snr the following reliefs against the defendant-appellant (hereinafter referred to as the defendant): “(a) Damages for trespass and for causing damage to property administered by the plaintiffs. (b) An order restraining the defendant from interfering with plaintiffs’ administration of the estate of the deceased. (c) An order restraining the defendant from continuing to effect structural changes to the said property. (d) An order to compel the defendant to remove sandcrete structure and development undertaken on the said property. (e) An order for ejectment. (f) An order for perpetual injunction restraining the defendant, his agents, privies, workmen, assigns all and singular from continuing to occupy the said property and interfering with plaintiff...