Quarshie v Ayee and Others (A9/50/2020) [2025] GHADC 149 (25 January 2025)

Quarshie v Ayee and Others (A9/50/2020) [2025] GHADC 149 (25 January 2025)

Plaintiff lacked capacity to sue as he did not have authority from his siblings and the property had already been apportioned; his 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.

Source-derived case information.

Citation
[2025] GHADC 149
Parties
Plaintiff: Daniel Quarshie; Defendant: Rebecca Ayee; Defendants: Other 9 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, Injunctions
Source Language
english
Land Law Civil Procedure Capacity to Sue Family Property Counterclaim Injunctions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Daniel Quarshie

Plaintiff

Rebecca Ayee

Defendant

Other 9 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 did not have authority from his siblings and the property had already been apportioned; his 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 suit is struck out for lack of capacity.
  • Defendants' claim for Plaintiff's eviction is refused.