BENNIAH LIVICE VS EMMANUEL OSBORN & ORS
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE REBECCA N. S. SITTIE (MRS)
Areas of Law
- Civil Procedure
- Evidence Law
- Family Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff filed a case to claim ownership of land and building at Laterbiokoshie, Accra, asserting that he bought the land from his deceased wife's grandmother and developed it. The Defendants, his deceased wife's relatives, disputed his ownership, claiming the land was family land. The court evaluated evidence such as leases, receipts, and testimonies and concluded that both the Plaintiff and his deceased wife owned the property as tenants in common. Plaintiff was awarded a portion of his deceased wife's share based on the Intestate Succession Act, and the Defendants were also allocated shares. The court ordered the property to be valued and sold, with proceeds distributed among the Plaintiff, the 1st Defendant, and the customary law family. Costs were borne by both parties.
The Plaintiff issued out this writ against the Defendants on 19th October 2012 but was granted leave to amend the Statement of Claim, which was filed on 10th December 2013, claiming the following reliefs:
i. A declaration of title to ALL THAT PIECE OR PARCEL OF LAND situate, lying and being at Laterbiokoshie, Accra, and covering an approximate area of 0.18 Acre or 0.07 Hectares more or less and bounded on the North by Sempe Stool’s land measuring 100 feet more or less, on the East by Sempe Stool measuring 80.0 feet more or less, on the South by Sempe Stool Land measuring 100.0 feet more or less, and on the West by a proposed road measuring 80.0 feet more or less.
ii. Recovery of Possession.
iii. Perpetual injunction to restrain the Defendants, their agents, assigns, and whosoever acting for or on their behalf from interfering with the Plaintiff’s quiet enjoyment of the property situate at Laterbiokoshie, Accra.
iv. Damages for trespass and waste.
v. Any other Order(s).
BRIEF: This case can be described as an application for title to land and building acquired during the pendency of Plaintiff’s marriage to his deceased wife, and her family led by his deceased wife’s son. Plaintiff claims he bought the land from his deceased wife’s grandmother, one Agbo Dashie, and paid the cost of the land to her in Togo. Plaintiff said he regularized title with the Sempe Mantse and gave the documents to his late wife, who used it as collateral for a loan. Plaintiff said the land was waterlogged and was occupied by squatters whom he removed from the land. Plaintiff said he single-handedly constructed eight (8) chamber and hall units and another block which is uncompleted. Plaintiff said he rented the rooms. According to Plaintiff, the Defendants never challenged his ownership while his wife was alive but have recently started laying claim to the property, and the 1st Defendant, who is his deceased wife’s son, has sown seeds of disaffection between Plaintiff and his tenants and is preventing him from enjoying his property. Plaintiff pleaded fraud and misrepresentation against the 1st Defendant, who, by a lease agreement made by the 1st Defendant in Plaintiff and his deceased wife’s names without their knowledge or signature, used the same to present himself as owner and rented rooms in the house on the land in dispute to unsuspecting tenants. The 1st Defendant is the son of Plaintiff’s deceased wife. The 2nd Defendant is the 1st Defendant’s wife, while the 3rd Defendan