IBRAHIM AGHA VS VIVIAN NASSER & ORS

Plaintiff’s Case The plaintiff, who is resident in Ontario, Canada, describes himself as the administrator of the estate of the late Mustapha Abdallah.

He brings this action through his lawful attorney Julius Nii Kwartei Amarteifio.

It is the plaintiff’s case that the late Mustapha Abdallah was the owner in possession of the house in dispute which is described as No. FA 13/2 Sai Kojo Street, Osu, Accra.

He asserts that the house in dispute originally belonged to Mustapha Abdallah’s grandmother Fatima Hassan Kriam.

She transferred it to her daughter Mary Joseph-Abdallah (Mustapha’s mother) by a Deed of Gift dated 12th September 1955. Mary Joseph-Abdallah also transferred the said property in her lifetime to Mustapha Abdallah.

The said transfer was duly registered and Mustapha Abdallah was issued with a land certificate with number GA 0324. The plaintiff asserts that Mustapha Abdallah exercised acts of possession and was in undisturbed possession of the property for several decades prior to his death.

After the death of Mustapha on 6th September 2013, the defendants caused their agents to break the doors of the property and trespassed on the said property.

Series of meetings with, and correspondences to the defendants and their agents to desist from their acts of trespass on the property in dispute have yielded no results and the plaintiff is convinced that the defendants will continue with their acts of trespass unless restrained by this court.

The plaintiff further states that the defendants are estopped by laches and acquiescence, adverse possession and section 10 of the Limitation Act, 1972 (NRCD 54) from asserting any interest which is adverse to the interest of the late Mustapha Abdallah and his estate.

The plaintiff therefore claims the following reliefs against the defendants.

i. Declaration that all that piece or parcel of land with building thereon situate at No. FA 13/2, Sai Kojo Street was owned by Mustapha Abdallah and same forms part of his estate.

Recovery of possession.

Damages for trespass.

Costs including legal fees.

Defendants’ Defence In a statement of defence filed on their behalf on 14th December 2018, the defendants denied all the averments of the plaintiff and they challenged the capacity and the existence of the plaintiff as a person.

While admitting that the late Mustapha Abdallah was their uncle, they denied that the plaintiff was a member of the Abdallah family and they demanded proof of his lineage to the Abdallah