‘Move out of the house immediately’ – District court orders family after two years of asset fighting

All rise in court rise, the masculine voice of the court Bailiff said as the judge, His Lordship Paul K Alhassan entered the chambers of the Bechem District Court. The court is in session, the bailiff said in ending his role in the court’s proceedings this morning. 

With no time wasting, the court had already called into the witness box, Israel Fobi, the elder brother of the late Gideon Fobi. Gideon, deceased, died on Thursday 3 October 2019 and was buried on Saturday 14 December 2019. The family acting through Gideon’s elder brother did not rest for a second and instructed the wife of the late Gideon Fobi to move out of her legally matrimonial home on Monday 16 December 2019.

Just two days after the burial of Gideon, the family gave the wife no choice and demanded the house she had toiled for with her late husband. After a hassle and back, the family succeeded in ejecting the wife from her house on Tuesday 31 December 2019. 

Rebecca Fobi, the wife, with no luxury of affording a lawyer or seeking help from the police, kept weeping as the family evicted her with force from her matrimonial home on the last day of 2019. Whiles others were singing joyous music to welcome the 2020 New Year, Rebecca and her 13-year-old son were filled with sorrow as they cried for the soul of their husband and father to intervene in their case. 

The cries of the widow, Rebecca, was heard in Cape Coast when Lawyer Katakyie Osei Assibey, a lawyer in Cape Coast, decided to visit Sunyani for no reason. Lawyer Katakyie Assibey saw the 13-year-old son of Rebecca selling sachet water on the Bechem junction on Friday 6 March 2020 and upon meeting the boy, took the case to the Bechem District court without a charge (pro bono).

The case which has been ongoing since 2020, was given a temporal win this morning when the court, through the District Judge, ordered the family from the house. You are occupying the house illegally. You have no right to be living in a house that doesn’t belong to you or hasn’t been rented to you. 

Move out of the house immediately and the keys to the house should be served to this court befall the next hearing, the court ordered the family of the late Gideon Fobi after living in the house for two years.

The case which has been adjourned to Friday 4 February 2022, will determine whether the family is guilty of crime or not. The lawyer for the plaintiff, Lawyer Assibey, saw the ruling to be a step in the right direction and thanked the judge for ordering the family out until the case is ruled on. 

We are not just fighting for the house which belongs to my client legally, but we want the court to force them to pay two years rent for living in the house for two years, Lawyer Assibey said after the hearing. The family, if found guilty, will pay GH¢52,000 worth of damages; GH¢500 monthly rent for two years (GH¢12,000) and other plaintiff court damages worth GH¢40,000

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