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(1989) JELR 65061 (HC)

High Court  •  2 Nov 1989  •  Ghana




By her writ the plaintiff has claimed a declaration that she is the joint owner with the late George Okai Mensah Tagoe of a house situated on a plot at Mataheko numbered as B 747/4. She also applied for perpetual injunction to restrain the defendant and her agents or assigns from interfering with the quiet enjoyment of the said house by her and her children.

The action was originally instituted against her husband Robert Okai Mensah Tagoe but he died before the case was concluded. The current defendant, Major Tagoe, a brother and successor of the late Tagoe, was substituted for him. Before he died, the late Tagoe denied the plaintiff’s claims and counterclaimed for a declaration that he was the sole owner of the house in dispute.

The plaintiff’s case is that she was married to the late Tagoe in about 1952. Thereafter a plot of land was acquired at Mataheko for the purpose of building for her late husband, herself and their children a matrimonial home. She averred further that …

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