[2018]DLHC4331 • October 22, 2018 • High Court
ERIC ODURO AND KWADWO ANKOMAH vs. ANDRIANA KWAAH
The Plaintiffs, brothers of the deceased Frank Ampofo, sued the Defendant, the widow of the deceased, over ownership of a three-bedroom house located at Anyaa/Awoshie, Accra. Plaintiffs claimed the house was family property built with family funds, not matrimonial property of the deceased. The Defendant contended the house was the self-acquired property of her late husband and that Plaintiffs wrongfully rented it out after his death. The dispute arose after the deceased's death in 2012, with conflicting claims about ownership and possession of the house.
read morei. Introduction [1] The Plaintiffs are two brothers of the deceased Frank Ampofo who had a son with the Defendant who was married to the deceased at the time of his death in September 2012. The subject matter of this suit is a three bedroom house situate at Anyaa or Awoshie in Accra as the evidence described. The Plaintiffs contend that it is a family property and has never been a matrimonial house. The Defendant contends otherwise and accuses the Plaintiffs of changing the ownership of the property only after the death of her husband. In effect, the death of a dear husband and a beloved son and brother has become the cornerstone of this litigation. ii. The Action: [2] On the 6th day of May, 2014 the Plaintiffs herein caused to be issued out of this registry, a Writ of Summons against the Defendant, Andriana Kwaah described as the widow of Plaintiffs’ deceased brother, Frank Ampofo with the reliefs endorsed on the writ specified here below as: a) Declaration that the unnumb.....