Mavis Biribi Vrs Mohammed Gariba & Anor. [2022] GHACC 80 (29 December 2022)

Mavis Biribi Vrs Mohammed Gariba & Anor. [2022] GHACC 80 (29 December 2022)

The only house left by the deceased devolves by law on the surviving spouse and children as tenants in common under PNDCL 111, and their entitlement is not contingent on the defendants having received their share of the estate. The plaintiff has discharged her obligations as administrator by handing over documents for other properties, and the defendants' continued occupation is unlawful.

Citation
[2022] GHACC 80
Parties
Plaintiff: Mavis Biribi; 1st Defendant: Mohammed Gariba; 2nd Defendant: Salifu Gariba
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
29 December 2022
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Intestate Succession, Eviction, Distribution of Estate, Vesting Assent
Source Language
English
Succession Law Family Law Property Law Intestate Succession Eviction Distribution of Estate Vesting Assent

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Parties

Mavis Biribi

Plaintiff

Mohammed Gariba

1st Defendant

Salifu Gariba

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff and the children of the late Yakubu Gariba are entitled to the house situated at Adjei Kojo adjacent to the School of the Blind.
  2. 2 Whether the plaintiff’s late husband’s properties were equitably distributed.
  3. 3 Whether the Plaintiff has the responsibility of taking the defendants to the land at Otsebleku after giving the defendants the documents to the said lands.

Ratio Decidendi

The only house left by the deceased devolves by law on the surviving spouse and children as tenants in common under PNDCL 111, and their entitlement is not contingent on the defendants having received their share of the estate. The plaintiff has discharged her obligations as administrator by handing over documents for other properties, and the defendants' continued occupation is unlawful.

Court Disposition

Judgment for the plaintiff

Orders

  • Immediate eviction of the defendants from the property at Adjei Kojo adjacent to the School for the Blind in the Tema West Municipality.
  • Defendants, their privies, assigns, agents and all persons claiming through them are restrained from interfering with the plaintiff’s enjoyment of the property.