MRS LILIAN BONARPARTE & ANOTHER v. MR. CHARLES K. ANNAN & ANOTHER
2018
HIGH COURT
GHANA
CORAM
- ALEXANDER OSEI TUTU J.
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiffs, as surviving beneficiaries of their late father's will, sought multiple reliefs including a declaration that a deed of conveyance to Charles K. Annan is void and an injunction against him. They claimed their father devised a disputed property to them, but the title investigation showed the first Defendant had mortgaged it. Failure to serve the Defendants personally led to an interlocutory judgment. The court held the Plaintiffs' vesting assent invalid and that they lacked the capacity to sue, thereby dismissing their action as incompetent and premature. The court emphasized the need for valid procedural steps for title transfer and reliance on equity principles.
JUDGMENT
The Plaintiffs commenced this action against the first Defendant on 29th September, 2017. The writ was later amended to include the second Defendant. The reliefs sought by the Plaintiffs are:
a) A declaration by the honourable court that the indenture with Registration number 2976/1982 purporting to cover a gift in favour of Mr. Charles K. Annan is void and of no legal effect.
b) An order of the Court to cancel the registration.
c) Expunge the transaction
d) Perpetual Injunction restraining the said Charles K. Annan, his assigns and representatives from dealing with the property.
e) Damages for trespass
f) Any other order/orders that the honourable court will deem fit.
g) Costs
When the Defendants could not be served, the Court ordered that they be served by substituted service. The Plaintiffs applied and successfully obtained an interlocutory judgment against the two Defendants on 12th April 2018. The Defendants were not personally served with the Plaintiff’s writ.
The case of the Plaintiff
The first and second Plaintiffs are retired educationist and army officer respectively. The Plaintiffs are siblings and the only surviving beneficiaries under their late father’s will. It is their case that their late father, Mr. Edward Oti Ankrah owned property number 361/8 Block 7 (W2), New Mamprobi in Accra. The said property was registered as number 1541/1960 with the Land Registry. Mr. Edward Oti Ankrah devised the property to the Plaintiffs and all their siblings as tenants in common in his last will and testament dated 4th November 1983. The father of the Plaintiffs expired on 8th March 1990. The property was vested in them as the only surviving beneficiaries. It is the case of the Plaintiffs that they have been in possession of the property in dispute since its construction by contributing to it financially. The Plaintiffs have since the death of their father rented out the property to tenants without any let or hindrance from any person including the Defendants. According to the Plaintiffs, in the year 2016 they decided to sell the property. When the prospective purchaser conducted a search at the Lands Commission to verify their title in the property, they were shocked with the results. The first Defendant who is never known to them or is associated with the property in any way has his name registered as a donee of the property from their father.
The first Defendant had allegedly mortgaged the property to Barclays Bank, Prudential Bank an