YAKUBU AND OTHERS VRS. MORO (G/WJ/DG/A9/20/2021) [2022] GHADC 399 (26 October 2022)

YAKUBU AND OTHERS VRS. MORO (G/WJ/DG/A9/20/2021) [2022] GHADC 399 (26 October 2022)

Defendant's evidence was unchallenged due to plaintiffs' absence; the law requires acceptance of such evidence. Defendant proved entitlement to hold property in trust for her minor children and is entitled to damages and injunction.

Citation
YAKUBU AND OTHERS VRS. MORO (G/WJ/DG/A9/20/2021) [2022] GHADC 399 (26 October 2022)
Parties
Plaintiff: Abraham Yakubu; Plaintiff: Abubakari Idrusu Yakubu; Plaintiff: Mohammed Kelly Yakubu; Plaintiff: Dawuda Yakubu; Plaintiff: Morotala Mohammed Yakubu; Plaintiff: Elias Mohammed Yakubu; Defendant: Adiza Moro
Court
ghadc
Jurisdiction
Ghana
Judgment Date
26 October 2022
Procedural Posture
Civil / Final Judgment
Outcome
judgment for defendant
Legal Topics
Trusts for Minors, Distribution of Deceased Estate, Counterclaim Procedure, Injunctions, Damages
Source Language
eng
Family Law Property Law Civil Procedure Trusts for Minors Distribution of Deceased Estate Counterclaim Procedure Injunctions Damages

Case Brief

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Parties

Abraham Yakubu

Plaintiff

Abubakari Idrusu Yakubu

Plaintiff

Mohammed Kelly Yakubu

Plaintiff

Dawuda Yakubu

Plaintiff

Morotala Mohammed Yakubu

Plaintiff

Elias Mohammed Yakubu

Plaintiff

Adiza Moro

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the defendant is the rightful person to hold the property of her children until they attain majority
  2. 2 Whether the plaintiffs are entitled to eject the defendant from the property
  3. 3 Whether the defendant is entitled to damages and injunction against the plaintiffs

Ratio Decidendi

Defendant's evidence was unchallenged due to plaintiffs' absence; the law requires acceptance of such evidence. Defendant proved entitlement to hold property in trust for her minor children and is entitled to damages and injunction.

Court Disposition

judgment for defendant

Orders

  • Defendant is the rightful person to hold the property of her minor children in trust until they attain majority
  • Plaintiffs and their assigns are perpetually restrained from interfering with the property