JOSEPHINE NOMO, MRS MARGARET LAATE AND CHRISTIANA NOMO (PLAINTIFFS/RESPONDENTS) vs. ERIC S.T. NOMO, DANIEL KOFI NOMO AND MABEL NOMO (DEFENDANTS/APPELLANTS) [2019]DLCA7780

JOSEPHINE NOMO, MRS MARGARET LAATE AND CHRISTIANA NOMO (PLAINTIFFS/RESPONDENTS)... [2019]DLCA7780

Date	2019-05-30
Suit No.	SUIT NO GJ870/2016
Citation No.	[2019]DLCA7780

ADJEI J.A

ACKAH YENSU J.A

POKU-ACHEAMPONG J.A

DOUGLAS KORSAH BROWN FOR THE PLAINTIFFS/ RESPONDENTS

RANIA PIANIM FOR THE DEFENDANTS/RESPONDENTS

[2019]DLCA7780
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													<main id="main" class="content" style="min-height: 60rem" >JOSEPHINE NOMO, MRS MARGARET LAATE AND CHRISTIANA NOMO<o:p></o:p>(PLAINTIFFS/RESPONDENTS)<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">vs.<o:p></o:p>ERIC S.T. NOMO, DANIEL KOFI NOMO AND MABEL NOMO<o:p></o:p>(DEFENDANTS/APPELLANTS)<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:0cm 0cm 1.0pt 0cm">

SUIT
NO GJ870/2016&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 30TH
MAY, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>DOUGLAS
KORSAH BROWN FOR THE PLAINTIFFS/ RESPONDENTS<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

RANIA
PIANIM FOR THE DEFENDANTS/RESPONDENTS<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:0cm 0cm 1.0pt 0cm">

ADJEI
J.A, ACKAH YENSU J.A, POKU-ACHEAMPONG J.A<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:0cm 0cm 1.0pt 0cm">

</div>ADJEI,
J.A:<o:p></o:p>The High Court, Accra by its
ruling delivered on 3rd May 2017 granted an interlocutory injunction
to restrain the defendants/appellants, their privies, and person deriving title
through them from disposing of or ejecting the plaintiffs/ respondents from the
property which is the subject matter of the suit. For ease of reference, in
this appeal, the defendants/ appellants shall be referred to as the defendants,
and the plaintiffs/ respondents as plaintiffs.<o:p></o:p>The brief facts of the case
are that the late Nene Abui Nomo II died on 23rd January 2013
whereupon the defendants, who are all his children, were appointed as the
administrators of his intestate estate. The plaintiffs on the other hand claim
to be the beneficiaries of the estate of the late Nene Abui Nomo II by virtue
of also being his children. The thrust of the plaintiffs’ case against the
defendants is that the defendants have failed to distribute the estate of their
late father in accordance with law. Also, the plaintiffs allege that the
defendants have sold their father’s house at Dzorwulu where the plaintiffs have
lived for several years. As a result of the sale, the plaintiffs claim to have
been served with a notice by the defendants to vacate the house. They also
state that the defendants also succeeded in ejecting all the tenants who were
in possession of some of the rooms during the lifetime of their father.<o:p></o:p>The plaintiffs, therefore,
brought an action against the defendants for a declaration that the purported
sale of the properties of the late Nene Abui Nomo II at Dzorwulu by the first
Defendant is unlawful and in clear violation of the Intestate Succession Act, 1985
(PNDCL 111). The plaintiffs further sought from the trial High Court an order
for an injunction to restrain the defendants and their agents from disposing of
or ejecting the plaintiffs from the property, to order for accounts of their
dealings with the said estate, and to also administer the estate in accordance
with law. <o:p></o:p>The plaintiffs subsequently
filed an application for an interlocutory injunction to restrain the defendant
from ejecting them from the House at Dzorwulu and from disposing off same until
the final determination of the matter. The defendant opposed the application
for interlocutory injunction through the first defendant who deposed that his
father, Nene Abui Nomo II had beneficial interest in the property during his
lifetime while he, the first Defendant was the legal owner, and upon the death
of his father, both equitable and legal ownership became vested in him. It is,
therefore, his case that the property was his and not that of his father. <o:p></o:p>The High Court after having
heard both parties and after having considered all the processes filed granted
the application for interlocutory injunction on 3rd May 2017. It is
the grant of this application which has resulted in this interlocutory appeal.
The interlocutory appeal contains three grounds of appeal which are as follows:<o:p></o:p>“i. The ruling is against
the weight of affidavit evidence<o:p></o:p>ii. The learned Judge erred
in law by wrongly exercising his discretion in favour of the plaintiffs/
applicants/ respondents<o:p></o:p>