[2016]DLCA4709 • January 21, 2016 • Court of Appeal
EMMANUEL KOFI MUSTAPHA vs. SAMUEL GYEKYEI & 3 ORS.
The plaintiff, eldest son of the late Joseph Kobina Mustapha, claimed ownership and possession of land at Bubiashie, alleging that his deceased mother had entrusted the land documents to the 1st defendant for safekeeping. The 1st defendant allegedly refused to return the documents and had given portions of the land to other defendants for commercial use. The 1st defendant contended he purchased the land from the deceased father and that the plaintiff's claims were fabricated.
read moreDZAMEFE, J.A The plaintiff appellant hereinafter simply referred to as the plaintiff issued this writ against the respondent also referred to as the Defendant in the Circuit Court Accra for the following reliefs: a. An order that defendants dealing with plaintiffs deceased father’s land amounts to trespass. b. Order of ejectment and recovery of possession of the said land from defendants. c. Perpetual injunction restraining the defendants’’ their agents, assigns from interfering with the land the subject matter of this suit. The plaintiff in his statement of claim averred he is the eldest son of the late Joseph Kobina Mustapha (deceased). On the death of his father, his mother Elizabeth Wilson (deceased) tried in vain to obtain Letters of Administration to administer the estate of the deceased husband. Out of fear that the husband’s family will take all properties from her handed the document on the deceased husband’s land at Bubiashie to 1st defendant, a very good fr...