[2024]DLCA17700July 18, 2024Court of Appeal

CHRISTIAN CHARLES QUIST & 2 ORS. vs. PETER CARL QUIST SUBSTITUTED BY EMMANUEL JULIUS QUIST

The case concerns the administration and distribution of the estates of the late Charles Wallace Quist and Mrs. Mercy Ama Quist. The Registrar of the High Court was appointed as Executor and Administrator of the estates. A dispute arose over the value and payment related to land on which a house was situated and the proceeds from the sale of another property (House No. 8 Selwyn Market Street). The initial judgment ordered the Respondent to pay GH¢1,550,000 for the land value and rent arrears, with the Registrar to execute vesting assent after payment. Subsequently, the Applicants sought to amend the entry of judgment to reflect a reduced outstanding sum after accounting for proceeds from the sale of the Selwyn Market Street property, which the High Court granted. The Respondent/Appellant appealed the amendment of the entry of judgment.

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JUDGMENT ADJEI, J.A: The litigation that arose regarding the estates of the late Charles Wallace Quist and Mrs. Mercy Ama Quist has a chequered history, but the interlocutory appeal before this Court is limited to a ruling delivered by the High Court on 28 July 2021 in respect of an amendment to an entry of judgment filed on 3 February 2020. The Entry of Judgment, which was entered on 3rd February 2020 in respect of a ruling delivered by the High Court Accra on 29th November 2019, is as follows: a. " All the beneficiaries of the Estate of Mercy Ama Quist recover from the Respondent the sum of GHSl,550,000.00 being the value of the land on which House No. F90 Orphan Crescent Labone is situate. b. The lst applicant pays the sum of GHS2,030 to the Estate of Charles Wallace Quist being rent accrued and payable to the Estate for the period January 2003 to November 2019 for onward distribution among all the beneficiaries of the Estate of Charles Wallace Quist. c. The Regist...