Thompson v Thompson (A9/160/23) [2025] GHADC 132 (15 April 2025)

Thompson v Thompson (A9/160/23) [2025] GHADC 132 (15 April 2025)

Defendant and her siblings, having failed for ten years to comply with the High Court judgment for sale or to propose and effect a purchase, have acted to the exclusion and detriment of the other beneficiaries. Equity and the circumstances require that they pay rent for their occupation from 2019, to be shared among all siblings, until the property is sold or they vacate.

Citation
[2025] GHADC 132
Parties
Plaintiff: Joyce Thompson; Defendant: Ellen Thompson
Court
District Court
Jurisdiction
Ghana
Judgment Date
15 April 2025
Case Number
A9/160/23
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim allowed; Defendant's counterclaim dismissed.
Legal Topics
Intestate Succession, Rent Recovery, Enforcement of Judgment, Estoppel, Limitation of Actions
Source Language
English
Succession Land Law Civil Procedure Intestate Succession Rent Recovery Enforcement of Judgment Estoppel Limitation of Actions

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 5 Authorities cited 18 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Joyce Thompson

Plaintiff

Ellen Thompson

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Defendant and her siblings ought to pay rent for the occupation of the property

Ratio Decidendi

Defendant and her siblings, having failed for ten years to comply with the High Court judgment for sale or to propose and effect a purchase, have acted to the exclusion and detriment of the other beneficiaries. Equity and the circumstances require that they pay rent for their occupation from 2019, to be shared among all siblings, until the property is sold or they vacate.

Court Disposition

Plaintiff's claim allowed; Defendant's counterclaim dismissed.

Orders

  • Defendant and all siblings in occupancy to pay rent of GHC 1,500 per month from 2019 to date, amount to be shared equally among all siblings.
  • Defendant and siblings to continue paying monthly rent until judicial sale is complied with.