[2024]DLHC18065January 25, 2024High Court

KENNEDY FRANCIS ZOGLIE vs. PAUL KWESI ZOGLIE.

The case concerns succession and inheritance disputes over the estate of the late Victus Kudoto Zoglie, grandfather to the Plaintiff and father to the Defendant. The Plaintiff claims entitlement to inherit his late father's share of the grandfather's estate, including a house and shops at Amasaman, and seeks a declaration and injunction against the Defendant's interference. The Defendant contends that the estate has not been officially distributed, that he and his siblings are equal beneficiaries, and that Letters of Administration have been granted to him and his sister to administer the estate. The dispute involves the ownership and distribution of property numbered H/No. 71 and H/No. 73 at Amasaman, with conflicting claims over portions of the land and buildings constructed thereon.

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JUDGMENT [1] Introduction This case brings to fore issues of death and succession to a grandfather’s estate by his grandchildren. The Plaintiff issued a Writ of Summons and an accompanying Statement of Claim on 30th April, 2020 for the following reliefs; a. “A declaration by the Court that upon the death interest(sic) of their father he and his other siblings are entitled to inherit their father’s estate which included the chamber and hall and a porch, the spot, and the two shops their late father inherited on the death of their late grandfather. b. Perpetual injunction against the defendant, his agents, workers, privies, or any other person or entity that claims through the defendant from in anyway interfering with the house built by plaintiff’s late father. c. Any other reliefs that the court may consider appropriate. d. Cost.” The Defendant entered conditional appearance on 11th May 2020 and filed his Statement of Defence on 24th August 2020. The Defendant...