QUARSHIE VRS. AYEE AND OTHERS (A9/50/2020) [2025] GHADC 12 (25 January 2025)

QUARSHIE VRS. AYEE AND OTHERS (A9/50/2020) [2025] GHADC 12 (25 January 2025)

Plaintiff lacked capacity to sue as he had no authorisation from his siblings and the property had already been apportioned; the writ is null and void. Defendants failed to prove Plaintiff's unlawful occupation, but Plaintiff is restrained from harassing or threatening inhabitants of the property.

Citation
[2025] GHADC 12
Parties
Plaintiff: Daniel Quarshie; 1st Defendant: Rebecca Ayee; 2nd Defendant: 2nd Defendant; 3rd Defendant: 3rd Defendant; Defendants: 4th Defendant and 5th-10th Defendants
Court
District Court
Jurisdiction
Ghana
Judgment Date
25 January 2025
Case Number
A9/50/2020
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's suit struck out for lack of capacity; Defendants' counterclaim partially succeeds.
Legal Topics
Capacity to Sue, Family Property, Counterclaim, Ejectment, Injunction
Source Language
English
Land Law Civil Procedure Capacity to Sue Family Property Counterclaim Ejectment Injunction

Case Brief

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Parties

Daniel Quarshie

Plaintiff

Rebecca Ayee

1st Defendant

2nd Defendant

2nd Defendant

3rd Defendant

3rd Defendant

4th Defendant and 5th-10th Defendants

Defendants

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff has the capacity to bring the present action
  2. 2 Whether the Plaintiff is entitled to the reliefs he seeks against the 1st, 2nd and 3rd Defendants
  3. 3 Whether the Plaintiff is in lawful occupation of the room he is currently occupying

Ratio Decidendi

Plaintiff lacked capacity to sue as he had no authorisation from his siblings and the property had already been apportioned; the writ is null and void. Defendants failed to prove Plaintiff's unlawful occupation, but Plaintiff is restrained from harassing or threatening inhabitants of the property.

Court Disposition

Plaintiff's suit struck out for lack of capacity; Defendants' counterclaim partially succeeds.

Orders

  • Plaintiff's case struck out for lack of capacity
  • Defendants' claim for Plaintiff's eviction refused