[2007]DLCA7474 • December 15, 2007 • Court of Appeal
RAGNOUGA QUIDRAOGO (PLAINTIFF/RESPONDENT) vs. MADAM AYISHATU & ANOR. (DEFENDANT/APPELLANT)
The plaintiff, a paternal nephew of the late Mahamadu Quidrago alias Mahamadu Moshie, claimed ownership and possession of two houses bequeathed to him by his uncle before his death. The defendant contended that one house was gifted to her mother (the deceased's wife) and that the other house was sold to the co-defendant. The co-defendant counterclaimed for declaration of title as a bona fide purchaser. The trial court ruled in favor of the plaintiff for possession of one house and damages, but made no pronouncement on the other house or the counterclaim.
read moreOWUSU, JA By his writ of summons, the plaintiff per his lawful Attorney claimed the following reliefs against the Defendant— (a) "Recovery of possession of H/No. C. 153/13, Mamobi, Accra." (b) "Recovery of possession of H/No. J. 3837/7, Nungua Zongo, Accra." (c) "Account for all the rent collected in respect of the two (2) houses up to date." (d) "Perpetual injunction restraining the Defendant, her agents, assigns, privies, workmen, etc. from peaceful enjoyment and administration of the Estate of his late uncle Mahama Quidrago alias Mohammadu Moshie." Upon an application for joinder on behalf of Moro Kampaore, he was later joined as Co-defendant to the suit. The Defendant resisted the plaintiff's claim and the Co-Defendant who also filed a defence to the plaintiff's claim, counter-claimed for— "A DECLARATION that House No J. 3827/7 Nungua-Zongo, Accra is the real and bona fide property of the Co-Defendant." "Recovery of possession of House No. J. 38/27/7, Nungua-Z...