ERIC BANSAH vs KOKU FOLI BANSAH & ANOR
2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP EMMANUEL AMO YARTEY (J)
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Tort Law
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
Eric Bansah, acting for himself and the estate of his late father, Seth Kofi Bansah, sued his brother (1st Defendant) and contractor neighbor (2nd Defendant) over Okponglo land in Accra, seeking declarations, possession, injunction, trespass remedies, and damages after his partly built home was demolished. The 2nd Defendant moved to dismiss on res judicata and abuse of process, relying on his 2019 High Court judgment in TRLD 20/2010 against Ben Kwasi Afutu declaring his title to a defined adjacent parcel. The court reviewed Supreme Court authorities on estoppel and plaintiffs’ burden to prove land identity, ordered a composite plan from the Regional Surveyor, and heard CW1 confirm the parties’ site-plan parcels lie apart and are different. Finding no live controversy and that the plaintiff failed the identity-of-land burden, the court dismissed the suit and awarded GH¢10,000 costs.
The brief facts of this case are that the Plaintiff is a citizen of the Republic of Ghana and a son and beneficiary of the estate of his father, Seth Kofi Bansah (deceased).
The Plaintiff brought this action for and on behalf of himself and the estate of his late father, Seth Kofi Bansah (deceased) who died intestate on or around the 10th March, 2001.
The 1st Defendant is a citizen of the Republic of Ghana and a brother to the Plaintiff.
The 2nd Defendant is citizen of Ghana and a contractor.
The Plaintiff avers that his late father, Seth Kofi Bansah, was the bona fide owner of a parcel of land described as all that piece or parcel of land situate, lying and being at Ökponglo in Accra Metropolitan Assembly in the Greater Accra Region of the Republic of Ghana, containing an approximate area of 0.28 Acre or 0.11 hectare and bound on the North-East by Lessors land measuring 123.7 feet more or less, on the South-East by Lessors land measuring 100.4 feet more or less, on the South-West by a proposed road measuring 123.7 feet more or less, on the North-West by Lessors land measuring 101.0 feet more or less respectively which piece or parcel is more particularly delineated on the site plan of the said Seth Kofi Bansah.
The Plaintiff further avers that his late father acquired the said parcel of land from the chief of Okponglo in or around 1970 and constructed a five bedroom self-contained building thereon.
The Plaintiff states that his late father farmed on the remaining portion of the said land and planted among other things palm trees on the land.
The Plaintiff states that his late father was in continuous unchallenged and undisputed possession and occupation of the said parcel of land for about thirty (30) years until his demise in or around the year 2001.
The Plaintiff further states that his late father lived with one Sapare Kofi and Kormi Bansah (deceased) in the said building constructed on the parcel of land and were later joined by the 1st Defendant herein.
The Plaintiff avers that the 2nd Defendant rented from Plaintiff's late father, the hall and garage of the said building constructed on the said parcel of land.
The Plaintiff further avers that the 2nd Defendant used the rented hall as his office and the rented garage to house his tools, machines, fuel tank and other equipment and materials.
The Plaintiff avers that in or around 1998/1999, his late father showed the Plaintiff and some of his siblings portions of the said parcel of land whic