[2016]DLHC17123 • June 24, 2016 • High Court
KORKOR MENSAH vs. ROBERT TETTEY MENSAH AND JOHN TETTEY ASHIBOYE
The plaintiff, Korkor Mensah, claimed entitlement to control and share land inherited from her great grandfather Nii Annang Nukpa, specifically the portion allocated to her father Kwei Kumah Mensah's family branch. The defendants, children of her late brother Tettey Mensah, contested her rights, asserting male-only inheritance under Ga custom and claiming the land as indivisible family property. The dispute arose after the defendants allegedly sold portions of the land without the plaintiff's consent.
read moreJUDGMENT This action was commenced by writ of summons filed and issued out of the Registry of the High Court on 29th June 2010. The reliefs sought per the amended writ dated 9th February 2011 are: a. “Declaration that the Plaintiff is the proper person to take control of the father Kwei Kumah Mensah’s land after the death of his elder brother who was the father of the Defendants; b. An order of the court dividing the 119.47 acres of land into two equal parts giving one half to the Plaintiff and the other half to the Defendants as their father’s shares; c. The Defendants should account for all the lands sold/leased so far; d. Perpetual injunction to restrain the Defendants, their agents, assigns and lessees from going onto the land.” It is the case of the plaintiff that the defendants are the children of her late brother called Tettey Mensah. Her great grandfather was called Nii Annang Nukpa who at the time of his death was possessed of a large tract of land at Sasabi ne...