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JUDGMENT
JUDGMENT
By a Writ of Summons filed on 04/05/2018, Plaintiff claims against the defendants the
following reliefs:
1. A declaration that House No. T2 is not the property of Papa Nketsia, but the property
of Maame Bosomtwi Basia and her children.
2. Recovery of an amount of GH₵2,000.00 the cost of destroyed profiles.
3. Perpetual injunction restraining the Defendants, their agents, privies, assigns etc.
interfering with the said house the subject matter in this dispute.
Per the Statement of Claim filed on 3/7/2018, the Plaintiff avers that he is one of the
three children of the late Maame Bosumtwi Basia of Ntankoful and also the
administrator of the estate of Barima Ntuful (deceased). The defendants are his
nephews and nieces, their father being his brother. Plaintiff avers further that the land
in dispute was acquired by his late Uncle Barima Ntuful from the chief of Ntankoful
(Nana Ata Komfo II). According to Plaintiff, during the lifetime of said Barima Ntuful,
he gave the disputed land to his mother (Maame Bosomtwi Basia) to put up a building
on same and he was also put in charge of the said land. It is the case of the Plaintiff that
his mother, the father of the defendants, and himself jointly put up a building on part of
the disputed land even though his contribution was greater than the rest and that at all
times material, the parties, and the family all knew that the property was for his late
mother having been bought by late Barima Ntuful for her. It is the contention of
Plaintiff that as the Administrator of the Estate of Barima Ntuful and the only surviving
child of her mother, he is the beneficial owner or has a beneficial interest in the land in
dispute. Plaintiff says that sometime in 2009, a portion of the disputed land was sold to
cater for the medical expenses of the senior brother of the Plaintiff and because the building was deteriorating and posing a danger to human habitation, he sold the land
with the building sometime in 2017. Plaintiff avers that Defendants who are laying an
adverse claim to the land have destroyed the foundation profile put up by the
purchaser of the land, hence Plaintiff’s claim.
The Defendants per their Statement of Defence filed on their behalf by the 2nd defendant
deny that the Plaintiff is the administrator of the estate of the said Barima Ntuful. They
further deny that the Plaintiff is called Charles Ackon and that it is rather their father
who is called by that name. It is the