Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



STEPHEN BORQUAYE AND ANOR
V.
SETH METTLE NUNOO

(2015) JELR 107671 (HC)    
High Court  ·  SUIT NO. BMCS 986/12 ·  27 Oct 2015 ·  Ghana
CORAM
JUSTICE PATIENCE MILLS-TETTEH (MRS.)

Ratio Decidendi

Core Terms Beta
joint tenancy
1st plaintiff
victor mensah
family property
stephen borquaye
joint tenants
common law
estate of the late joseph edward mettle
evidence act
value of that house
2nd plaintiff
2nd plaintiffs
annan mettle family
annan mettle family property
case of the plaintiff
change of the will
common expression
cross examination
death of saul annan mettle
facts of this case
following issues
ghana land law
head of family henric kojo mettle
joint owners
legal effect of this document
members of the annan mettle families
osborn’s concise law dictionary
penultimate surviving devisee
principle of joint tenancy
properties of late edward mettle
said new haven
statement of claim
state of accounts of monies
state of concurrent ownership
supreme court judgment of 18th june
various portions of land
witness new haven

JUDGMENT 

MILLS-TETTEH (MRS.), J.

Plaintiffs instituted this action against the defendants on 13th August 2012 and  amended the writ by substituting Victor Mensah for Stephen Borquaye as 1st plaintiff on 22nd October 2014 claiming the following reliefs: 

1. A declaration that Estate of the late Joseph Edward Mettle became the sole  property of Christiana Ayelesah Nukpa Mettle upon the death of the last  devisee Saul Annan Mettle in 1991 and thus ceased to be family property. 

2. A declaration that Stephen Borquaye substituted by Victor Mensah and  Mercy Adaku Mensah are the lawful applicants for the grant of Letters of  Administration to administer the Estate. 

3. An order for perpetual injunction restraining defendants and all other  members of the Annan Mettle families, save Stephen Borquaye substituted  by Victor Mensah and Mercy Adaku Mensah from meddling with the Estate of Joseph Edward Annan Mettle and now the sole property of Christiana  Ayelesa Nkpa Mettle.  

Defendants filed a de…

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