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…

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