[2007]DLSC2441 • May 23, 2007 • Supreme Court •
HAROLD KWAME TEMAKLO & MAUREEN DERBAN vs. FAUSTINA WOOD
The Respondents (Plaintiffs) sued the original Appellant (Defendant) claiming that upon the intestate death of Sylvia Adoley Garshong, her self-acquired property (House No. 649/10, Awudome Close, Kaneshie) devolved to her three children under Section 4a of the Intestate Succession Law, 1984 (PNDCL 111). Madam Wood (Defendant), Sylvia's mother and co-administratrix of the estate, claimed ownership of the property, asserting she financed its purchase and made extensions. The dispute arose after Madam Wood caused the Housing Corporation to change the registered ownership from Sylvia to herself without the consent of the co-administratrix or the children. The Plaintiffs sought declarations of ownership and injunctions against Madam Wood's claims.
read moreSOPHIA A. B. AKUFFO (MS), J.S.C:. By a Writ of Summons issued on 1st April 1994, the Respondents (hereinafter referred to as ‘the Plaintiffs’) sued the original Appellant (hereinafter referred to variously as ‘the Defendant’ or ‘Madam Wood’, claiming the following reliefs:- 1. A declaration that, on the death intestate of Sylvia Adoley Garshong her self acquired property, House Number 649/10, Awudome Close, also known as number 1070, Kaneshie, became the property of her three children pursuant to Section 4(a) of the Intestate Succession Law, 1984 (PNDCL 111). 2. An order of the Court compelling the original Defendant, the co-administratrix of Sylvia Garshong’s estate to join the other administratrix in executing a vesting assent, vesting the said property in the children of the deceased. 3. An order of perpetual injunction restraining the Defendant from attempting to exercise any rights of ownership or possession over the property. The basic facts giving rise to thi...