JOHN KOJO MENSAH v. WILLIAM KOFI NALIKE MENSAH
2019
HIGH COURT
GHANA
CORAM
- ALEXANDER OSEI TUTU J.
Areas of Law
- Evidence Law
- Property and Real Estate Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, John Kojo Mensah, successfully proved his ownership of House No. AH 46, Community 4, Tema, based on credible evidence and documentary proof. Despite the Defendants assertions that his late father had contributed to the house rent and should therefore hold ownership, the court found in favor of the Plaintiff. Key issues resolved included the Plaintiff's rightful tenancy and subsequent ownership of the house through his employer, as well as the Defendant's unsuccessful attempt to transfer the property into his name. The Plaintiff was granted reliefs including possession of the house and costs against the Defendant.
JUDGMENT
The Plaintiff commenced this action on 22nd December 2014 seeking the following reliefs on the endorsement on his writ of summons:
I. A Declaration that the Plaintiff holds title to and is the bona fide owner of House Number AH 46, Community 4, Tema.
II. Perpetual injunction against the Defendant, his agents, assigns, servants or representatives from having anything to do with the said house.
III. An order for recovery of possession.
IV. An order for the immediate ejectment of the Defendant and his family from the said house.
V. Costs inclusive legal fees.
VI. Any other order (s) as this honourable court may deem fit.
On 9th January 2015, the Defendant entered an appearance and proceeded to file a defence. The Plaintiff filed a reply to the defence.
The issues raised by the Plaintiff in his application for direction filed are:
I. Whether or not the Plaintiff acquired House No. AH 46, Community 4, Tema from TDC through the employers, Kaizer Engineering Company Tema as a sitting tenant.
II. Whether or not the Defendant’s father, William Yaw Mensah acquired House Number AH 46, Community 4, Tema through his employers, State Fishing Corporation, Tema.
III. Whether or not the Plaintiff (John Kojo Mensah) was a tenant of Tema Development Corporation in respect of House Number AH. 46, Community 4, Tema.
IV. Whether or not the Defendant’s father (William Yaw Mensah) was a tenant of Tema Development Corporation in respect of House Number AH 46, Community 4, Tema.
V. Whether or not the Defendant made attempts to transfer the house now in dispute into his own name but was refused by TDC.
VI. Whether or not the Rent Control, Tema ordered the Defendant to vacate House Number AH 46, Tema by 30th June 2014 but the Defendant refused, failed and/or neglected to do so.
VII. Whether or not the Plaintiff is entitled to his claims.
VIII. Any other issue (s) arising from the pleadings?
After the applications for directions, the parties were directed to file their witness statements and they testified on the basis of witness statements filed during the trial.
The Case of the Plaintiff
The plaintiff is a pensioner. The Defendant is the son of his elderly brother, William Mensah who is now deceased. It is his case that he acquired the subject matter house from his former employers, Kaizer Engineering International as a sitting tenant. The employers had taken the tenancy from the Tema Development Corporation (T.D.C.). Kaizer Engineering deducted the rent