CECILIA MENSAH & ORS vs BISMARK OWUSU
December 16, 2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP ALEX OWUSU-OFORI (J)
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Tort Law
- Probate and Succession
December 16, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court, per His Lordship Alex Owusu-Ofori (J), entered judgment for the children and beneficiaries of the late Charles Quarshie Mensah over a disputed plot at Dodowa, Greater Accra. The 1st and 6th Plaintiffs, acting as executors, and the five daughters—Cecilia, Evelyn, Rosemary, Victoria, and Charlotte Mensah—sought a declaration of title, vacant possession, a perpetual injunction, damages for trespass, and costs. The Defendant failed to enter appearance and ignored repeated substituted-service hearing notices. The Court, citing Ankumah v City Investment, proceeded in his absence but, consistent with In Re Nungua Chieftaincy Affairs, required Plaintiffs to prove title. They tendered the Will (Exhibit A), an indenture (Exhibit C), and a Lands Commission search (Exhibit D), and showed continued possession and acts of ownership. Applying Osei v Korang and Section 48 of the Evidence Act, and the default and admission principles in Fori v Ayirebi and Alabi v B5 Plus, the Court granted all reliefs, awarding GH¢30,000 damages for trespass and GH¢20,000 costs.
The 1st and 6th Plaintiffs who claim to be the named executors of the Will of the late Charles Quarshie Mensah and the other Plaintiffs in their capacity as children and beneficiaries of the Estate on the 29th day of October 2019 instituted the instant action against the Defendant claiming for the following reliefs:
a) A declaration of title to all that piece or parcel of land lying and situate at Dodowa, Greater-Accra and particularly described in paragraphs 6 and 7 of the Statement of Claim;
b) An order compelling the Defendant to yield vacant possession of the disputed land to the Plaintiffs;
c) An order of perpetual injunction restraining the Defendant, his servants, agents, assigns, privies, successors, workmen from interfering or trespassing onto Plaintiff’s property lying and situate at Dodowa, Greater-Accra.
d) General Damages for trespass;
e) Cost, including Legal Cost and
f) Any other relief(s) that the Honourable Court may deem fit.
The discourse of this judgment hinges on the fact that after service of the Writ personally on the Defendant he failed to enter Appearance and filed a defence to the action. After several Hearing Notices served on the Defendant by Substituted Service as the rules of the Court allowed, he completely ignored same, without assigning any reason and the Court under the circumstances granted the Plaintiffs prayer for an interlocutory judgment in default of appearance.
The Court being mindful of the fact that among the reliefs sought for by the Plaintiffs (a) being a declaration of title to land, adjourned the suit to a date to enable the Plaintiffs mount the witness box to prove their title to the land as envisaged in the Will of their deceased father they claim they have interest as beneficiaries.
Again several Hearing Notices were served by Substituted Service but the Defendant flagrantly failed to respond to the Court’s invitation.
The Plaintiffs were called upon to testify to prove their title to the disputed property.
THE PLAINTIFFS CASE
It is the case of the Plaintiffs that the 1st to 5th Plaintiffs are siblings and all children of the late Charles Quarshie Mensah and beneficiaries to his Estate under his Will of which the disputed property situate and lying at Dodowa in the greater Accra Region.
That the 1st and 6th Plaintiffs are named executors of the said Will and they brought this action in the said capacity for the recovery of the disputed land approximately 1.06acres belonging to their late father