JOHN KOJO MENSAH v. WILLIAM KOFI NALIKE MENSAH
2019
HIGH COURT
GHANA
CORAM
- ALEXANDER OSEI TUTU J.
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Equity and Trusts
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This judgment concerns title and possession of House No. AH 46, Community 4, Tema. John Kojo Mensah alleged, and the court found, that he acquired the property as a sitting tenant through Kaizer/Kaiser Engineering under a tenancy with Tema Development Corporation (TDC), with rent paid through his salary and later directly, and that TDC subsequently sold the unit to him during a conversion scheme. Documents, rent records, and a registered indenture stood in Mensah’s name. The Defendant, son of Mensah’s late brother William Yaw Mensah, long occupied the property with Mensah’s son, tried to transfer the property into his own name, and ignored a Rent Control order to vacate. Applying rules on pleadings, burden-shifting, evidentiary presumptions, and licensee forfeiture, the court declared Mensah owner, ordered recovery and ejectment, imposed a perpetual injunction, and awarded costs of GH₵12,000 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