Quarcoo and Others Vrs Goga and Another [2023] GHADC 399 (27 March 2023)

Quarcoo and Others Vrs Goga and Another [2023] GHADC 399 (27 March 2023)

The second defendant failed to prove she was a spouse or co-owner of the property, and no evidence was provided of her interest; the plaintiffs, as administrators, are entitled to recover possession and eject the first defendant.

Citation
[2023] GHADC 399
Parties
Plaintiff: Martin Elliotts Quarcoo and 2 others; Defendant: Randolph Goga; Defendant: 1 other (second defendant)
Court
District Court
Jurisdiction
Ghana
Judgment Date
27 March 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiffs
Legal Topics
Ejectment, Recovery of Possession, Mense Profits, Administration of Estates, Co Ownership, Deed of Trust, Spousal Rights
Source Language
English
Property Law Succession Law Ejectment Recovery of Possession Mense Profits Administration of Estates Co Ownership Deed of Trust +1 more

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Parties

Martin Elliotts Quarcoo and 2 others

Plaintiff

Randolph Goga

Defendant

1 other (second defendant)

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the 2nd defendant is a spouse of the deceased Kingsford Quarcoo
  2. 2 Whether the 2nd defendant co-owns the disputed property
  3. 3 Whether the deceased created a deed of trust in favour of the plaintiffs gifting the disputed property

Ratio Decidendi

The second defendant failed to prove she was a spouse or co-owner of the property, and no evidence was provided of her interest; the plaintiffs, as administrators, are entitled to recover possession and eject the first defendant.

Court Disposition

Judgment for the plaintiffs

Orders

  • First defendant to yield vacant possession of Kings Lodge by 30th June 2023
  • Plaintiffs to recover possession of the property