[2020]DLCA8830May 27, 2020Court of Appeal

CHARLES QUAYE vs. JOSEPH NII TEIKO AMUZU

ADJEI,J.A: The Plaintiff sued the Defendant in the High Court Accra, for an order of perpetual injunction to restrain the Defendant from interfering with H/No 529/15 Abossey Okai, Accra, recovery of possession of the property, mesne profits, damages for trespass and cost. The law is settled that a person who sues a party for recovery of possession and an injunction puts his title in issue. The brief facts of the case were that the Plaintiff and his late siblings Adelaide Quaye and Isaac Quaye applied for the letters of administration of their late mother Charlotte Adukwei Armah who died on 21st May, 1979. The letters of administration of the late Charlotte Adukwei Armah was granted by the High Court, Accra to the administrators including the Plaintiff herein on 14th February, 1986. The first administratrix Adelaide Quaye was the mother of the Defendant. The Defendant is a nephew to the Plaintiff. The late Adelaide Quaye died in 2009. The Defendant asserted ownership to the property ...