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Surviving spouse or child cannot be ejected from matrimonial home – Justice Osei Tutu

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Justice Alexander Osei Tutu, a High Court judge in Ghana and The Gambia, has emphasized that a surviving spouse or child cannot be evicted from the matrimonial home under any circumstances. He added that evicting a surviving spouse is contrary to Section 17 of the PNDC law.

Speaking on JoyNews’ The Law, Justice Osei Tutu stated that the same rule applies when the surviving spouse or child resides in a rented property. He said that eviction can only take place after a court order has been obtained.

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“Even if the house is not the property of the deceased and you are the landlord, you cannot eject them,” he added.

However, in cases where the matrimonial home is a family property, ejection can only occur after six months. Justice Osei Tutu also pointed out that a surviving spouse or child has a right to reside in the matrimonial home, irrespective of whether the property belonged to the deceased or not.

It is important to note that this legal provision serves to protect vulnerable family members who might otherwise be at the mercy of the deceased’s family or property owners. Justice Osei Tutu’s comments also highlight the importance of seeking legal advice in situations where family members are at risk of being evicted from their homes.

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