[2018]DLSC4132 • December 12, 2018 • Supreme Court •
GEORGE ODAMTTEN, DORINDA OSEI, JULIET OWUSU, JUDY OWUSU AND TONY OWUSU vs. RAPHAEL WUTA-OFEI AND MOHAMMED WOLLEY
The case concerns the ownership and sale of a self-acquired property of Robert Wuta Ofei, who died intestate in 1970. The plaintiffs, grandchildren of Robert and Barbara Wuta Ofei through their mother Roberta, claimed the property as beneficiaries of her estate. The 1st respondent, the surviving son and head of family, sold the property to the 2nd respondent, a long-term tenant, without consulting the plaintiffs. The plaintiffs sought to set aside the sale and restrain dealings with the property.
read moreADINYIRA (MRS), JSC:- This appeal is in respect of the Plaintiffs/Appellants/Appellants [Appellants] in original suit no. AL 105/2007 which was consolidated with suit no P 96/2007 and in respect of the same property, Essie Lodge/Cedar House otherwise known as House No. F 889/2 Cantonments Road, Accra, or Koala Shopping Centre. The property was the self acquired property of one Robert Wuta- Ofei who died intestate in 1970. He was survived by his wife Barbara Wuta Ofei and four children, Roberta, Vida, Percy and the 1st Respondent. The Plaintiffs in both suits at the High Court are the grandchildren of Robert and Barbara Wuta Ofei claiming the property as beneficiaries of the estate of their mother Roberta Wuta- Ofei. The reliefs sought in both cases are identical, that is, the setting aside of the sale of the said property by the 1st Respondent to the 2nd Respondent, who was the sitting tenant for decades, on the basis that they were not consulted before the sale as they also had an ...