[2008]DLCA7019 • July 31, 2008 • Court of Appeal
FAUSTINA ARABA FORSON vs. NANA KWASI DADSON
The appellant, Faustina Araba Forson (ex-wife) and her son (2nd Plaintiff) claimed that House No. C149, Dansoman, originally allocated to the late John Rex EtrueEllis by the State Housing Corporation, did not form part of the deceased's estate because the deceased had gifted the house to his son during his lifetime. They relied on a letter dated 5th November 1973 requesting transfer of the house to the son. The defendant, Nana Kwasi Dadson, as Administrator of the estate, denied the claim, challenging the authenticity of the letter and asserting the house was part of the estate inventory. The Circuit Court dismissed the plaintiffs' claim, leading to this appeal.
read moreAPALOO, J.A. This is an appeal against the judgment of the Circuit Court, Accra presided over by Akoto Bamfo, J [as she then was] sitting as additional Circuit Judge. The judgment was dated 14th February, 2003. The Plaintiffs/Appellants [to be referred to as Plaintiffs] sued the Defendant/Respondent [also to be referred to as Defendant] claiming the following reliefs: “1. A declaration that House No. C149, Dansoman does not form part of the inventory of the estate of the late Mr. Etrue-Ellis, the said Mr. Ellis having conveyed his interest to his son. 2. An order of possession to 2nd Plaintiff of House No. C149, Dansoman. 3. An order of perpetual injunction restraining the Defendant, his assigns tenants from having anything to do with the said house. 4. An order for accounts of rent collected so far. In brief, the 1st and 2nd Plaintiffs were the ex-wife and son respectively of the late John Rex Etrue-Ellis. The late Etrue-Ellis was the owner of House No. C149, Dansoman. T.....