DELIMAN & 2 OTHERS VRS. DELIMAN & 4 OTHERS (A1/5/24) [2024] GHADC 401 (14 June 2024)

DELIMAN & 2 OTHERS VRS. DELIMAN & 4 OTHERS (A1/5/24) [2024] GHADC 401 (14 June 2024)

The 1st defendant, as a former administrator, admitted putting tenants in occupation of estate property and failed to account for the rent, breaching fiduciary duties. However, plaintiffs failed to prove when the rent commenced or ended, or the entitlement to vacant possession, so reliefs for eviction and recovery of rent were denied. Plaintiffs are entitled to recovery of the sale proceeds, interest, and building materials as previously ruled.

Citation
DELIMAN & 2 OTHERS VRS. DELIMAN & 4 OTHERS (A1/5/24) [2024] GHADC 401 (14 June 2024)
Parties
Plaintiffs: Iddrisu Issahaku Deliman & 2 Ors.; 1st Defendant: Fatawu Issahaku Deliman; Defendants: 2nd, 3rd and 4th Defendants (unnamed tenants); Defendants: 5th Defendants (all other tenants)
Court
ghadc
Jurisdiction
Ghana
Judgment Date
14 June 2024
Procedural Posture
Probate/administration of Estate / Judgment
Outcome
Partly in favour of plaintiffs; reliefs a, b, c granted; accounting for rent ordered; eviction and further recovery denied; no order as to costs.
Legal Topics
Administration of Estates, Fiduciary Duty, Accounting by Administrators, Eviction of Tenants, Beneficiary Rights
Source Language
eng
Succession Probate Trusts and Estates Administration of Estates Fiduciary Duty Accounting by Administrators Eviction of Tenants Beneficiary Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Iddrisu Issahaku Deliman & 2 Ors.

Plaintiffs

Fatawu Issahaku Deliman

1st Defendant

2nd, 3rd and 4th Defendants (unnamed tenants)

Defendants

5th Defendants (all other tenants)

Defendants

Procedural Posture

Probate/administration of Estate / Judgment

Legal Issues

  1. 1 Whether the 1st defendant put the 2nd, 3rd and 4th defendants in occupation of portions of house no. B 385, Tishegu, Tamale and has failed to account for the rent thereof
  2. 2 Whether the 2nd, 3rd and 4th defendants are to vacate house no. B 385, Tishegu, Tamale

Ratio Decidendi

The 1st defendant, as a former administrator, admitted putting tenants in occupation of estate property and failed to account for the rent, breaching fiduciary duties. However, plaintiffs failed to prove when the rent commenced or ended, or the entitlement to vacant possession, so reliefs for eviction and recovery of rent were denied. Plaintiffs are entitled to recovery of the sale proceeds, interest, and building materials as previously ruled.

Court Disposition

Partly in favour of plaintiffs; reliefs a, b, c granted; accounting for rent ordered; eviction and further recovery denied; no order as to costs.

Orders

  • Plaintiffs to recover GHS85,463.00 from 1st defendant as balance from sale of land forming part of the estate.
  • Interest on GHS85,463.00 from March 2023 till date of final payment.