ADELAIDE YORKE (PLAINTIFF) vs. OPANYIN KWABENA DAMAN AND KWAME KWAKYE NTERFUL (DEFENDANTS) [2010]DLHC7080

ADELAIDE YORKE (PLAINTIFF) vs. OPANYIN KWABENA DAMAN AND KWAME KWAKYE NTERFUL (D... [2010]DLHC7080

Date	2010-07-06
Suit No.	SUIT NO. E1/13/2007
Citation No.	[2010]DLHC7080

HIS LORDSHIP NICHOLAS CHARLES A. AGBEVOR J.

MR. AKWASI BOSOMPEM FOR PLAINTIFF

MR. SAMUEL ADINKRAH FOR DEFENDANTS

[2010]DLHC7080
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													<main id="main" class="content" style="min-height: 60rem" >ADELAIDE YORKE<o:p></o:p>(PLAINTIFF)<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"><o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p>OPANYIN KWABENA DAMAN AND KWAME KWAKYE NTERFUL<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH COURT, KOFORIDUA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</div>COUNSEL: <o:p></o:p>MR.
AKWASI BOSOMPEM FOR PLAINTIFF <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

MR. SAMUEL ADINKRAH FOR DEFENDANTS<o:p></o:p>

HIS LORDSHIP NICHOLAS CHARLES A.
AGBEVOR J.<o:p></o:p>

</div>The
action by the Plaintiff is for a declaration that the buildings and lands
thereof situate at Asankragua the subject matter of this litigation are the
self acquired properties of Yorke Nterful. Plaintiff also prays the Court for a
perpetual injunction restraining the Defendants, members of the Ahene Abusua of
Asankragua, their servants, assigns, agents privies or whomsoever deriving
authority from them from interfering with the buildings and land belonging to
Yorke Nterful. <o:p></o:p>The
Plaintiff is a daughter and first child of Yorke Nterful and brings the action
on her behalf and on behalf of all the children and spouse of Yorke Nterful.
The 1st Defendant is the Head of the Ahene Abusua of Asankragua and is sued in
that capacity. <o:p></o:p>It
is plaintiff's averment that her father Yorke acquired a parcel of land
numbered as Plot Number 58 from the Chief of Asankragua in 1973 for building.
Prior to this acquisition, the said plot had been leased to one Tiamujo, a
Nigerian in or about 1964/65 but he was displaced by the Aliens Compliance
Order of 1970. <o:p></o:p>Plaintiff
further averred that Yorke constructed three rooms comprising a chamber and
hall plus two single rooms and also added three rooms to it. Yorke later
constructed four additional rooms but did not complete these before his
disppearance in 1997. <o:p></o:p>The
Plaintiff averred also that Yorke's mother pleaded with Yorke to allow his
sister Nyantaa who was lame in a leg build her house on part of Yorke's land to
enable her be near to continue her trade of selling cooked rice. This, Yorke
allowed his sister to do and even assisted her with asbestors sheets for
roofing. <o:p></o:p>Further,
plaintiff averred after Nyantaa had built by leave of her father Yorke on the
land, quarrels erupted between Yorke and Nyantaa of which Yorke threatened to
eject Nyantaa from his land. This matter she stated was referred by her
grandmother who was the mother of Yorke and Nyantaa to the Methodist and the
Pentecost Pastors which was amicably resolved inYorke's favour. <o:p></o:p>The
Plaintiff averred that rather mysteriously, Yorke vanished from Asankragua on
or about 31st day of December, 1997 and to date his whereabouts is unknown and
prior to this, Yorke left a note titled "My
Last Will" which was left for plaintiff's mother and the defendant.
That it is after Yorke vanished in 1997 that some members of the Ahene Abusua
led by Nyantaa have laid adverse claim to 'York's land that it belonged to
their late father. In furtherance of this, the family members have prevented
the wife and children of Yorke from roofing the four bedrooms constructed by
Yorke. The attention of the defendant as head of family was drawn to the claims
of the members of the family but he has failed to stop them hence this action. <o:p></o:p>The
defendant in his statement of defence denied plaintiff's claims and stated that
Plot No. 58 referred to was acquired by Yorke's father in 1958 from the Chief
of Asankragua. After the acquisition, Yorke's father constructed a three
bedroom swish house on the plot before his death. Also that plaintiff's father
Yorke lived in the said house with his other siblings until he married in 1972.
On marrying, Yorke built a two bedroom apartment on the land as well as his
sister Nyantaa who also constructed a two room wooden structure on the said
land. <o:p></o:p>The
defendant says that plaintiff's father resisted Nyantaa building on the land
but this issue was resolved in favour of Nyantaa by the leadership of the local
Churches. The defendant further stated that Yorke built a seven room house
which he intended to gift to the family but did not complete this before his
disappearance. The defendant says plaintiff's claim is unmeritorious and should
be dismissed. Defendant also counterclaims for:— <o:p></o:p>1.
A declaration that plot No. 58, Asankragua was the self acquired property of
the father of Yorke Nterful and <o:p></o:p>2.
An order that properties on the said plot 58 be administered according to the
custom of the parties. <o:p></o:p>