VERONICA OWUSU SUBSTITUTED BY KWAKU NYAMEKYE & 2 ORS. vs. AMA KOBI & ANOR [2016]DLHC3829

Date	2016-11-01
Suit No.	SUIT NO.FAL/59/10
Citation No.	[2016]DLHC3829

ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

KWAKU YEBOAH APPIAH FOR PLAINTIFF

FELIX AMOAH FOR DEFENDANT

[2016]DLHC3829
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													<main id="main" class="content" style="min-height: 60rem" >VERONICA OWUSU
SUBSTITUTED BY KWAKU NYAMEKYE &amp; 2 ORS.<o:p></o:p>vs.<o:p></o:p>AMA KOBI &amp; ANOR<o:p></o:p>&nbsp;[HIGH COURT (LAND DIVISION),
KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO.FAL/59/10&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: 1ST NOVEMBER, 2016<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>KWAKU YEBOAH APPIAH FOR
PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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ANGELINA
MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT<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;
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</div>This
action was commenced on 17/02/2010 by one Veronica Owusu alias Akua Amankwaa.
She described herself as the administratrix of the estate of the late Madam
Elizabeth Adutwumwaa who was her mother. Following the death of the&nbsp; original Plaintiff, she was substituted by
Kwaku Nyamekye, Agnes&nbsp; Acheampong and
Frederick Opoku, her personal representatives, as the Plaintiffs. By their
amended writ of summons filed on 07/07/2011, the Plaintiffs&nbsp; claimed against the Defendants herein as
follows:<o:p></o:p>a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A declaration that title to Plot No.2, 4th
Street Section2, Daban forms part of the estate of Madam Elizabeth&nbsp; Adutwumwaa @ Akosua Adutwumwaa.<o:p></o:p>b)&nbsp;&nbsp;&nbsp;&nbsp;
Order for Recovery of Possession<o:p></o:p>c)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Damages for trespass<o:p></o:p>d)&nbsp;&nbsp;&nbsp;&nbsp;
Order for perpetual injunction restraining
the Defendants herein whether by themselves or their assigns, agents, servants,
workers and all or any other persons claiming ownership under or in trust from
them or in any way interfering with or dealing with the land the subject matter
of the instant action.<o:p></o:p>THE PLAINTIFF'S CASE:<o:p></o:p>The
Plaintiffs described themselves as the administratrix and Administrators of the
estate of the late Veronica Owusu who was the daughter of the late Madam
Elizabeth Adutwumwaa alias Akosua Adutwumwaa. They averred that Veronica Owusu,
as customary successor, was granted Letters of Administration by the Circuit
Court, Kumasi, to administer the estate of her mother who died on 9th
November 1995. Their case is that plot No. 2 4th Street Section 2
Daban-Kumasi forms part of the estate of the late Elizabeth Adutwumwaa but the
2nd Defendant has deposited sand&nbsp;
thereon with the intention of developing the same. The Plaintiffs
further averred that in 1986, the late Madam Elizabeth Adutwumwaa acquired the
disputed plot from Nana&nbsp; Owusu Dominie,
acting for and on behalf of the Baesiakwan stool; the grant was confirmed by
the late Otumfour Opoku Ware II and documents were executed in her favour. Her
development of the land was halted because of the resolution of a dispute
between Kaase and Daban Stools but the Kaasehene died before the matter could
be resolved. After the death of the Kaasehene, the 1st Defendant who
holds herself out as the queen mother of Daban claimed that the disputed land
forms part of her stool land and that she has the right to dispose of the same.
The Plaintiffs also averred that after the death of the Kaasehene, the 1st
Defendant went to Veronica Owusu (decd) in the company of another person and
claimed to have sold the land to that person. It is the case of the Plaintiffs
that all their efforts to get the Defendants to desist from their unlawful
activities in relation to the land have proved futile.<o:p></o:p>THE
DEFENDANTS:<o:p></o:p>The
Defendants&nbsp; denied the capacity in which
the original </main>