KOFI OWUSU BEMPAH vs JOSEPH K. NUAKO
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS. ELIZABETH ANKUMAH J
Areas of Law
- Civil Procedure
- Evidence Law
- Probate and Succession
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought a declaration of ownership over a property included in his late father's will, claiming it to be his self-acquired property. The defendant, as Executor, denied this, stating that the father had purchased the property. The court found in favor of the defendant, noting the plaintiff's failure to provide sufficient evidence of ownership and concluded that the father's will should prevail. The court also ruled that previous proceedings did not adjudicate the ownership issue, thus estoppel per res judicata did not apply here.
The plaintiff filed a writ of summons accompanied by a statement of claim against the defendant herein, the sole Executor and Trustee of the Estate of Joseph Oteng Mensah, the father of the Plaintiff.
The Plaintiff seeks as follows:
(a) “A declaration by the court that H/No. A429/11 situated at Dansoman Accra is the self-acquired property of the plaintiff and therefore cannot be willed out by plaintiff’s deceased father.
b) An Order of perpetual Injunction restraining the defendant from vesting the property aforesaid in any other person(s) or dealing with it in any manner inconsistent with the interest of the plaintiff.
c) Any other order(s) as this Honourable Court may deem fit. ”It is the claim of the plaintiff that he acquired the property in dispute, then an uncompleted structure.
He gave the ground floor to tenants and the 1stfloor to his late father who had then sold his house situate at Dansoman.
According to the plaintiff, his late father collected rents and behaved like the Landlord.
His father in his last Will devised the said property, together with his other self-acquired properties, to some beneficiaries including him the (Plaintiff). The defendant entered Appearance through his solicitor and filed a defence denying the plaintiff’s claim to the disputed property.
The defendant who is the Executor and Trustee of the Estate of Joseph Oteng Mensah(deceased) denied the claim of the plaintiff and averred that the plaintiff never engaged in any gainful employment to be able to acquire the property.
The Testator, the late Joseph Oteng Mensah, purchased the said property from one Eddie Quaye sometime in 1992, at ¢40, 000, 000 (40million old cedes) after he had sold his first house at Dansoman.
During the latter part of his days Joseph Oteng Mensah fell sick, and relocated to his home town Ofoase Kokoben, in the Ashanti Region.
Whilst at Ofoase Kokoben, the late J. O. Mensah authorized the plaintiff herein, who is his son to collect the rent and account same to him.
The Testator also instructed the plaintiff to collect the documents covering the disputed property from one Madam Temaa.
The plaintiff, however, informed his father (Testator) that he was involved in an accident on his way back to Kumasi and he lost the document covering the property.
The late Joseph Oteng Mensah (Testator) disbelieved the plaintiff; he was also not satisfied with the plaintiff’s handling of the rents he was asked to collect.
The deceased therefore stopped th