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HAYFORD
V.
MOSES

(1979) JELR 65057 (HC)

High Court 8 Nov 1979 Ghana
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- The plaintiff is the customary successor and the defendant is one of two widows of the deceased John Arthur. - The defendant continued to reside in one of the flats owned by the deceased and collected rents from other tenants. - The plain

Case Details

Judges:SARKODEE J.
Counsel:HAYFRON-BENJAMIN FOR THE PLAINTIFF; SEKYI-HUGHES FOR THE DEFENDANT.
Other Citations:[1978] GLR 757

SARKODEE J.: The plaintiff is the customary successor and the defendant, one of two widows of the late John Arthur who died intestate on 25 November 1971, possessed of a block of six flats, House No. 120A, West Block, Takoradi, which was his self-acquired property. After the death of her husband the defendant continued to reside and still resides in one of the flats in which she, her husband and children lived immediately before his death. Also she collected rents from tenants who occupied other flats in the building. On 13 March 1973 the plaintiff alone was granted letters of administration to the estate of the deceased. Armed with this and aided by other members of the deceased’s family, he demanded all keys to the flats including the one occupied by the defendant. He also asked her to account for the rents she had collected. The defendant surrendered the keys to all the flats except the one she occupied but refused to render accounts. The plaintiff was not satisfied and in effect w…

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