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(1980) JELR 64432 (HC)

High Court  •  30 Jun 1980  •  Ghana



AGYEPONG J.: In this suit, the claim of the plaintiff against the defendant is for:

“(a) a declaration that he, the plaintiff, and other children of S. A. Thompson (deceased) are the beneficial owners of house No. D.725/4, Accra, and other properties of the deceased;

(b) an account of all rents collected from the said house from April 1962;

(c) an order of perpetual injunction restraining the defendant, his servants or agents from collecting rents in respect of the premises or otherwise dealing with the said house; and

(d) an order that the defendant shall surrender to the plaintiff all title deeds and other documents relating to any property of the deceased now in the possession of the defendant.”

The facts of this case are simple and free from complexity: Both the plaintiff and the defendant are Yorubas from Nigeria resident in Ghana. The plaintiff’s father, S. A. Thompson (deceased), was also a Yoruba resident in Ghana, and died a Yoruba, intestate, in Ghana, on 16 May 1960, leaving l…

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