DEKU VRS. OCLOO (A9/01/2025) [2025] GHADC 51 (4 February 2025)

IN THE DISTRICT COURT HELD AT ANLOGA IN THE VOLTA REGION ON TUESDAY THE 4TH DAY OF FEBRUARY, 2025. BEFORE HER WORSHIP REJOICE ASEYE GADAGOE, DISTRICT MAGISTRATE. SUIT NO.: A9/01/2025. THEODORA ADZO DEKU PLAINTIFF OF ANLOGA. VRS JOHN YAOVI JAMES OCLOO DEFENDANT OF ANLOGA. JUDGMENT: By a writ of summons filed on 17/01/25; the Plaintiff herein sued the Defendant and claimed as follows; a. “Access and a room in House number unknown which is situate, lying and being at a place known and called DEKUGBOR-WOE. b. Cost of trial.” SUMMARY OF PLAINTIFF’S CASE: On the parties’ first appearance in Court on 24th January, 2025, the Plaintiff in her preliminary statement, informed the Honourable Court, that the defendant herein is occupying her grand-father’s building situate at a place known as DEKUGBOR, at WOE, a suburb of ANLOGA. It was the Plaintiff’s contention that, her grandfather, ANTHONY KWASI DEKU, died in 2015, leaving behind many properties. Plaintiff’s own father, WALTER DEKU, also died four (4) years ago. Plaintiff told the Court that she had been deported from the United States of America. Her late father WALTER DEKU lived in a House in KANESHIE, ACCRA, which house is a subject of litigation at a High Court. 1 Again, although her grandfather died some ten (10) years ago, she was not sure of the status of work done by the three (3) Executors of her grandfather’s Will. Plaintiff complained bitterly that she has been sleeping rough and presently homeless and unemployed while the Defendant lives in her grandfather’s building. DEFENDANT’S RESPONSE: When it was the turn of the Defendant to speak, he introduced himself as ANTHONY KWASI DEKU’s cousin. He confirmed to the Honourable Court that he resides in Anthony Deku’s House at Woe. He also said he had been mentioned in ANTHONY KWASI DEKU’s Will. Thereafter, the Defendant turned on the Plaintiff and called her all sorts of unprintable names including her being a “wee smoker’. CONCLUSION: Excerpts from ANTHONY KWASI DEKU’S WILL: “1. I APPOINT VINCENT ADZRAKU OF ANLOGA, MR, PAUL DEKU OF WOE, WILSON KWAME DEKU AND MICHAEL DEKU a. k. a KAFF OF ACCRA TO BE MY EXECUTORS AND TRUSTEES. 15. I GIVE AND BEQUEATH THE FOLLOWING MONETARY LEGACIES TO THE FOLLOWING PERSONS: (C) JOHN YAOVI JAMES OCLOO TWO HUNDRED GHANA CEDIS (GH.C200.00). 22. FOR THE AVOIDANCE OF DOUBTS, I DECLARE THAT I HAVE MADE JUST PROVISIONS FOR ALL THOSE OF MY DEPENDANTS WHO ARE NOT NAMED IN THIS WILL AND I DIRECT THAT NO MEMBER OF MY EXTENDED FAMILY OTHER THAN THE PERSONS MENTIONED IN THIS WILL SHALL INTERFERE WITH OR MEDDLE IN ANY WAY IN THE ADMINISTRATION OF MY ESTATE NOR SHALL CLAIM ANY INTEREST THEREIN”. 2 The Court was of the opinion that the Defendant may not possess the requisite capacity to prosecute the case, and or may not be the proper person to sue. As such, the Court requested for the presence of the Executors/Trustees in Court. Defendant’s plea was not taken. The adjourned date of 31/01/2025 was not convenient to the Executors. The Court was accordingly, adjourned to today, 4/02/2025. Thankfully, one of the Executors of ANTHONY KWASI DEKU’s Will was in Court today, in the person of MR. PAUL DEKU. Plaintiff was also present, but the Defendant was absent. Mr. Paul Deku reported to the Court that the Defendant had refused to pick up his calls. Plaintiff and Mr. Paul Deku were accordingly directed to the registry of this Court, to be assisted in reaching the Defendant. The matter was stood down and recalled. The Registrar of the instant Court subsequently followed the Plaintiff and Mr. Paul Deku to the courtroom to report the following: “My Lady, I have made contact with the Defendant. He says he will never step foot in this Honourable Court again, and that, the court will not be able to do anything to him. Respectfully, the phone was on speaker and so, both the Plaintiff and the Executor heard what Defendant said”. The Registrar’s story was corroborated by the two other persons. Thereafter, Mr. Paul Deku was invited to tell his story. MR. PAUL DEKU: “Please my Lady, indeed I am one of three executors of the late ANTHONY KWASI DEKU’s Will. One is not well and the other could also not make it to Court today. The late Anthony Deku died in 2015 and left many properties behind. Each of the properties has its own peculiar problems. Even last Friday, we could not come to this Court because we were in a High Court in respect of the Kaneshie property. 3 Since the Executors of Anthony Deku’s Will are not done with their work, we have not been able to share his properties to the beneficiaries”. The Court expressed its disappointment because ten (10) years is a long time for the Executors/Trustees to have concluded their work. The Honourable Court again demanded to know why the Defendant is living/squatting in the late Anthony Deku’s house in Woe, when he was only given GH.C200.00 in the will. Mr. Paul Deku’s response as follows: “I do not even know who permitted the Defendant or what he is doing in that House. Defendant is the reason Plaintiff is stranded because anything Plaintiff attempts to enter the house, Defendant drives her away. No vesting assent has been given to any of Anthony Deku’s Children and so; none of them has power to permit the Defendant to live in that house. All the properties are still under the care of the Executors”. Under SECTION 18 OF THE WILLS ACT, 1971 (ACT 360); a descendant of a testator, is interpreted to mean either the child or grandchild of that testator. It states; „“Descendant” means a child or grandchild of the testator‟. Clearly, Plaintiff is a descendant of ANTHONY KWASI DEKU. But for the delay in the work of the executors of Anthony Kwasi Deku’s Will, the Plaintiff, being one of just two children of her late father WALTER DEKU, would not have been stranded and sadly sleeping rough in dangerous places. The defendant appeared in this Court just once. He is absent from court today. When contacted, he sent the Honourable Court a most unfortunate message. Well, it is his loss. If the Defendant was present, the Court would have at the very least, given him one last opportunity to be heard before making its determination. 4 ORDERS:  PLAINTIFF’S ACTION SUCCEEDS. HER CLAIM IS HEREBY GRANTED.  DEFENDANT NO LONGER HAS A RIGHT TO REMAIN IN THE DISPUTED HOUSE BECAUSE WHATEVER PERMISSION OR AUTHORIZATION THE DEFENDANT IS OPERATING UNDER IS HEREBY REVOKED.  CONSEQUENTLY, DEFENDANT, MR. JOHN YAOVI JAMES OCLOO SHALL VACATE ANTHONY KWASI DEKU’S HOUSE IN WOE, AS WELL AS HIS PREMISES, FORTHWITH.  THE EXECUTORS OF ANTHONY KWASI DEKU’S WILL, SHALL CARRY OUT THEIR MANDATE WITHOUT FURTHER DELAY. SGD. HW REJOICE ASEYE GADAGOE DISTRICT MAGISTRATE 4/02/2025.  Representation: - PARTIES NOT REPRESENTED. 5