Quarcoo v Quarcoo (A9/17/2020) [2025] GHADC 204 (18 July 2025)

Quarcoo v Quarcoo (A9/17/2020) [2025] GHADC 204 (18 July 2025)

The defendant failed to prove by credible evidence that he is the grandson of Peter Patrick Quarcoo or entitled to a share of the estate. The property was lawfully vested in the plaintiff and his sister, and no valid redistribution was proven. The defendant's occupation was by bare or gratuitous licence, which the plaintiff is entitled to revoke. Plaintiff is entitled to eviction and costs.

Citation
[2025] GHADC 204
Parties
Plaintiff: Samuel-Wise Annoi Quarcoo; Defendant: Benjamin Ahele Quarcoo
Court
District Court
Jurisdiction
Ghana
Judgment Date
18 July 2025
Case Number
A9/17/2020
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim allowed; defendant to vacate property; costs awarded to plaintiff.
Legal Topics
Eviction, Gratuitous Licence, Burden of Proof, Family Property, Administration of Estates
Source Language
English
Property Law Succession Law Eviction Gratuitous Licence Burden of Proof Family Property Administration of Estates

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Parties

Samuel-Wise Annoi Quarcoo

Plaintiff

Benjamin Ahele Quarcoo

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant is the grandson of Peter Patrick Quarcoo and entitled to a share of the estate
  2. 2 Whether there was a valid redistribution of the property
  3. 3 Whether the plaintiff is entitled to eject the defendant

Ratio Decidendi

The defendant failed to prove by credible evidence that he is the grandson of Peter Patrick Quarcoo or entitled to a share of the estate. The property was lawfully vested in the plaintiff and his sister, and no valid redistribution was proven. The defendant's occupation was by bare or gratuitous licence, which the plaintiff is entitled to revoke. Plaintiff is entitled to eviction and costs.

Court Disposition

Plaintiff's claim allowed; defendant to vacate property; costs awarded to plaintiff.

Orders

  • Defendant, his assigns, officers, agents and heirs are ordered to vacate house number B 112/18 Bubiashie Accra by 30th October 2025.
  • Costs of GH¢ 15,000.00 awarded in favour of plaintiff.