KWESI DANAA
V.
KWAME NGULA

(2017) JELR 107835 (HC)

High Court · SUIT NO: BC 190/2014 · 20 Jan 2017 · Ghana

CORAM

JUSTICE NOVISI AFUA ARYENE (MRS.)

Core Terms ^Beta

defendant

mother

old fadama

evidence

claim

perpetual injunction

deceased kwesi wajah

exhibit b

kokomba yam market

kumasi central market

plaintiff’s mother

said kwesi wajah

sufficient evidence

action fails

administrator of the estate of kwesi wajah

appropriate authorities

date of recovery of possession

death of kwesi wajah

decision of the court of appeal

defendant of mesne profits

disputed stall

estate of the late wajah

evidence of payments of rent

family of the late kwesi wajah

following reliefs

founding members

further breach of the peace

further denial of the claim

justice novisi afua aryene

justice of the high court

lawful licensee of the stall

market sheds

meeting of the kokomba youth association

owner of the stall

payment of rent

plaintiff’s shed

possession of market shed no.

redistribution exercise

said shed

thrust of plaintiff

trial court

virtue of exhibit b

JUDGMENT

Plaintiff is the administrator of the estate of Kwesi Wajah (deceased). It is his case that the late Kwesi Wajah was the allotee and owner in possession of Market Shed No. 74, Kokomba Yam Market, Old Fadama, Accra, prior to his death. And that the deceased Kwesi Wajah was allotted the said shed when the market sheds were re-distributed among operators of the market in 1983. He averred that until his death, the said Kwesi Wajah operated from the shed, buying and selling tubers of yam to the general public.

After the death of Kwesi Wajah however, defendant who had been allotted shed no. 72B and 73, took over the Plaintiff’s shed no 74 and hired it out without accounting to the estate of the deceased Kwesi Wajah. Following his refusal to hand over the shed, a meeting was held in June 2013 between the family of the late Kwesi Wajah and the defendant at the Market.

Although at this meeting the defendant admitted that shed no 74 belonged to the late Kwesi Wajah and signe…

KWESI DANAA V. KWAME NGULA

KWESI DANAA
V.
KWAME NGULA