COMFORT OFORIWA vs. DANIEL DENTEH ANYIMADU [2014]DLCA16191

Date	2014-02-13
Suit No.	CIVIL APPEAL NO: HI/157/2013
Citation No.	[2014]DLCA16191

KANYOKE JA (PRESIDING)

OFOE JA

DZAMEFE JA

MR. HUBERT SEVOR FOR THE APPELLANT

MR. SAMMANI ZATHANY FOR THE RESPONDENT

[2014]DLCA16191
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													<main id="main" class="content" style="min-height: 60rem" >COMFORT OFORIWA<o:p></o:p>&nbsp;(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>DANIEL DENTEH ANYIMADU<o:p></o:p>&nbsp;(DEFENDANT/APPELLANT)<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0in 0in 1pt;">

CIVIL
APPEAL NO: HI/157/2013&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 13TH FEBRUARY, 2014<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR.
HUBERT SEVOR FOR THE APPELLANT<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0in 0in 1pt;">

MR. SAMMANI ZATHANY FOR THE RESPONDENT<o:p></o:p>

KANYOKE JA (PRESIDING), OFOE JA, DZAMEFE
JA&nbsp;&nbsp; <o:p></o:p>

</div>&nbsp;<div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0in 0in 1pt;">

JUDGMENT<o:p></o:p>

</div>&nbsp;OFOE JA<o:p></o:p>The
respondent, who in this judgment we would refer to as the plaintiff was the
wife of the deceased, Nana Ampem Darko otherwise known as Mr. John Okyere
Nyarko. The parties got married somewhere in late nineties. The husband,
hereinafter referred to variously as the deceased or Nana Darko, left this part
of the world on the 19th August 2002. It is the dispute over who is
entitled to letters of administration to administer his estates that brought
the parties face to face in the trial High Court eventually disputing whether
all the properties known and mentioned in this case by the defendant were solely
acquired by the deceased. In the plaintiff’s application for letters of
administration the properties she mentioned were House No. D644/4 Tudu, House
No.C86/5 Nima, House No.B 1060A/ 23 Abeka and unnumbered House at Muoso, Akim.
But when she was compelled to go through a full trial for a determination who
owns these properties she sued the head of family and the customary successor
of the deceased asking from the trial court;-<o:p></o:p>“1.A
declaration that all properties standing in the name of the late Nana Ampem
Darko, also known as John Okyere Darko were jointly acquired and owned jointly
by the deceased and the plaintiff Comfort Oforiwa.<o:p></o:p>2. A
declaration that the plaintiff as surviving joint owner and spouse is entitled
to administer all the properties jointly owned and standing in the name of the
deceased.<o:p></o:p>3.In
the alternative, a declaration that the deceased held in trust all the
properties standing in his name for the&nbsp;
benefit of the plaintiff his surviving spouse”<o:p></o:p>&nbsp;The
defendant did not only deny the joint ownership claim of the plaintiff but
counterclaimed for a declaration that all the following houses are personal
acquisitions of the deceased: No D644/4 Tudu, C86/5 Nima, B 1060A/23 Abeka, 35,
41 Kojo Ashan Street, North Alajo, 103 Nii Tetteh Kpeshie Street, Kwashieman, D686/4
Okaishie, 143/16 Alajo, Unnumbered House Akim Manso, Unnumbered House at Obo
Kwahu, Land at Alajo.<o:p></o:p>&nbsp;Other
claims of the defendant related to movables of two cars, pistol, mobile phone,
fridge, sound system, video deck, jewellery etc. The trial court concluded,
rightly in our view, that no evidence was led on these movables. Indeed the
parties did not give any prominence at all to these properties throughout the
trial. Other claims made in the counterclaim were for the court to declare that
one Mercy Koranteng was also a wife of the deceased, and that all the
properties should be distributed according to PNDC Law 111. <o:p></o:p>At
the end of trial the court found some of these properties jointly owned as
claimed by the plaintiff and made the following orders and declarations<o:p></o:p>“1. A declaration that House Number
D644/4 Tudu, House No C86/5 Nima with adjoining land, House No B1060A/23 Abeka
and House No.35 41 Kojo Ashan Street, North Alajo were jointly acquired and
owned by Nana Darko and Plaintiff as Tenants in Common.<o:p></o:p>2. An order granting plaintiff leave to
choose any two houses from House No.D644/4 Tudu,House No.C86/5 Nima, House No.
B1060A/23 Abeka and House No.35, 41 Kojo Ashan Street, North Alajo as her share
of the properties held as Tenants in Common with Nana Darko.<o:p></o:p>3. An order given land adjoining House
No. C86/5 Nima to plaintiff as part of her share of the properties held as
Tenants in Common with Nana Darko<o:p></o:p>4. An order declaring that the remaining
two houses not chosen by the plaintiff from House No D644/4 Tudu, House No.
C86/5 Nima, House No B1060A/23 Abeka and House No.35, 41 Kojo Ashan Street,
North Alajo House constitute immovable properties within the estates of Nana
Darko and directing that they should be shared among the beneficiaries of his estate
in accordance with PNDC Law 111.<o:p></o:p>5. An order dismissing plaintiff’s claim
that the unnumbered house at Muorso Akim was the joint property of plaintiff
and Nana Darko and declaring that the house at Mourso Akim is the sole property
of Nana Darko(Deceased).<o:p></o:p>6. An or</main>