ADMINISTRATORS OF THE ESTATE OF DORIS ASHIORKAI DOWUONA (PLAINTIFFS/RESPONDENTS) vs. STEPHEN KWAKU ASIEDU APPENTENG (DEFENDANT/APPELLANT) [2013]DLHC7082

ADMINISTRATORS OF THE ESTATE OF DORIS ASHIORKAI DOWUONA (PLAINTIFFS/RESPONDENTS)... [2013]DLHC7082

Date	2013-05-05
Suit No.	SUIT NO. BFA 38/211
Citation No.	[2013]DLHC7082

HER LORDSHIP JUSTICE MERLEY WOOD JUDGE

NANA SAKYIWA FOR DEFENDANT/APPELLANT

JONATHAN SARBLAH FOR PLAINTIFFS/RESPONDENTS.

[2013]DLHC7082
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >ADMINISTRATORS OF THE ESTATE OF DORIS ASHIORKAI DOWUONA<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"><o:p></o:p>(PLAINTIFFS/RESPONDENTS)<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>STEPHEN KWAKU ASIEDU APPENTENG<o:p></o:p>(DEFENDANT/APPELLANT)<o:p></o:p>[HIGH COURT, ACCRA]<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>NANA
SAKYIWA FOR DEFENDANT/APPELLANT<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">

JONATHAN SARBLAH FOR
PLAINTIFFS/RESPONDENTS.<o:p></o:p>

HER LORDSHIP JUSTICE MERLEY WOOD JUDGE<o:p></o:p>

</div>On
the 14th October 2009, the District Court, Osu gave judgment in favour of the
Plaintiffs/Respondents (hereinafter referred to as the Plaintiffs) against the
Defendant/Appellant (hereinafter called the Defendant) for all the reliefs
endorsed on the Plaintiff's amended writ of summons. The Defendant being
dissatisfied with the judgment of the District Court filed a Notice of Appeal
on 3rd November, 2009. <o:p></o:p>The
grounds of appeal are that <o:p></o:p>a.
The judgment is against the weight of evidence <o:p></o:p>b.
Further grounds may be filed upon receipt of the record of proceedings. <o:p></o:p>No
further grounds were filed. <o:p></o:p>The
Plaintiffs per their amended statement of claim and reliefs endorsed on their
writ claimed against the Defendant the following <o:p></o:p>a.
A declaration that property No. G99 which is a subject of a lease between State
Housing Company and Doris Ashiokai Dowuona is the bonafide property and or
estate of Doris Ashiorkai Dowuona. <o:p></o:p>b.
An order for the immediate return to the Plaintiff the intestate's Deed of lease
dated 7th September, 1977. <o:p></o:p>c.
Damages for unlawful detention of the intestate's Deed of lease. <o:p></o:p>According
to the statement of claim, the Plaintiffs are the administrators of the
intestate Doris Ashiorkai Dowuona who died on 8th December, 1997. The Defendant
was the boyfriend of the deceased intestate. The deceased was given a house
plot number G99 or A;885/17 at Dansoman by State Housing Company(SHC) on a
rental basis on 23rd September, 1967 and later converted to hire purchase for
which she paid instalmentally. She was issued with a lease dated 7th September,
1977 which was stamped and registered. Sometime in 1983 the intestate"
assigned" the leasehold to the Defendant and the documents on the house came
into the possession of the Defendant. The Plaintiff kept demanding her
documents till her death. The Defendant to date has not returned the said
documents. <o:p></o:p>The
Defendant's position was that the said Doris Ashiorkai Dowuona was his wife and
that he acquired the property in her name. This was due to the fact that he
bought this property during the revolutionary era during which period a person
could not acquire two houses. The deceased therefore held it in trust for him
and later executed a Deed of Assignment in his favour. <o:p></o:p>The
Plaintiff led evidence to the effect that he had lived with his aunt the
deceased in the house after she acquired it and that she exercised absolute
possession and control over the house. He further stated that the Defendant
failed to deliver the documents in the lifetime of the deceased. After her
death the Defendant demanded an amount of ninety cedis (GH¢90) for him to
retrieve the lease document which he claimed had been used to contract a loan<o:p></o:p>He
promised to deliver them to one Odoi Kyene who lived in the United States. On
the said Odoi Kyene's arrival, the Defendant demanded three hundred cedis
(GH¢300) before delivery which amount Odoi refused to pay and asked that the
case should be sent to court. He stated that the Defendant only laid claim to
the property after the death of the deceased and that State Housing Company
(SHC) demanded the payment of ground rent from them because the property
belonged to the deceased. The Plaintiff denied the Def</main>