ALBERT SETOR OFORI & ORS VS REV. GODSWILL T. K. MENSAH
2024
HIGH COURT
GHANA
CORAM
- CHARITY A. ASEM (MRS.) J.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiffs, siblings, claimed ownership of a Ho-Bankoe property, inheriting it from their deceased father. The defendant claimed to have purchased the house from their brother, but could not provide proof. The court held that ownership belonged to plaintiffs, dismissed defendant's counter-claims, and ordered possession recovery within 60 days.
The plaintiffs in the instant suit are siblings.
Their deceased father was Mr. John Kwame Ofori who died sometime in February, 1996. The deceased was survived by a wife, one Ellen Grace Ofori and six children who are, Johnson Ofori now deceased, Albert Setor Ofori 1 st plaintiff, Adelaide Adjei-Boye 2nd plaintiff, Roselyn Kafui Ofori 3 rd plaintiff, Catherine Ofori and Elizabeth Ofori.
The plaintiffs’ story has it that, their late father acquired a piece of parcel of land at Ho-Bankoe in his lifetime.
According plaintiffs through hard work together with his wife they built the disputed four-bedroom house in dispute.
It is said that hard work is better than talent when talent does not work hard.
Plaintiffs aver that after the death of their father their mother was granted Letters of Administration to administer the estate of John Kwame Ofori, as the sole administratrix.
Subsequently, she distributed the property in accordance with law and custom.
That by a Vesting Assent dated the 4/01/2020 the disputed property made up of four (4) bedroom house was vested by the administrator absolutely in favour of the plaintiffs.
That the Vesting Assent was subsequently registered at the Deed Registry of the Lands Commission Ho, as No. RV687/2020. Plaintiffs story continued that, their brother John Ofori (deceased) sometime in the year 2000 had an appointment to teach at the Ho Technical University.
Of natural cause, the deceased moved to live in the disputed house.
That after sometime, the deceased moved out of the property and informed the family that his employers, had provided him with duty post accommodation.
According to plaintiffs, their mother enquired of the occupiers of the house.
Their brother informed their mother, that the occupant was his tenant but paid no rent.
That when Johnson was confronted he admitted that, the tenant’s term will end in December, 2020. That when the tenant and his caretaker remained in occupation of the property beyond the time, the individuals were written to, to vacate.
They refused to comply.
Plaintiffs thereafter plaintiffs lodged a complaint at the Rent Control Office Ho where to their amazement, the defendant claimed to have purchased the house from their brother now deceased Johnson Ofori.
He could however not produce any evidence.
According to the plaintiffs they held a meeting with the defendant and made it clear to him that the property did not belong to their brother Johnson Ofori, who was alive at the time