COMFORT OFORIWA vs. DANIEL DENTEH ANYIMADU [2016]DLCA4586

Date	2016-05-12
Suit No.	SUIT NO: H1/38/2015
Citation No.	[2016]DLCA4586

KANYOKE JA (PRESIDING)

OFOE JA

DZAMEFE JA

MR. HUBERT SEVOR FOR THE APPELLANT

MR. SAMMANI ZATHANY FOR THE RESPONDENT

[2016]DLCA4586
																																						<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" >COMFORT OFORIWA<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>DANIEL DENTEH ANYIMADU<o:p></o:p>(DEFENDANT/APPELLANT)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, 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">

SUIT
NO: H1/38/2015&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 12TH MAY, 2016<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR. HUBERT SEVOR FOR THE
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">

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

</div>CORAM:
<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">

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

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

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

</div>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><o:p>&nbsp;</o:p>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><o:p>&nbsp;</o:p>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 imm</main>