[2017]DLCA5177 • June 15, 2017 • Court of Appeal
KORKOR MENSAH vs. ROBERT TETTEY MENSAH & ORS.
MARIAMA OWUSU, J.A.: On 24th June, 2016, the High Court, Accra gave judgment for the plaintiff for the reliefs she endorsed on her writ of summons. In her judgment, the trial Judge stated in part that; “The next issue is whether or not the property can be shared. It is a fact that the land forms part of a larger stretch of land that belonged to Nii Annang Nukpa, the plaintiff is the great granddaughter of Nii Annang Nukpa. It is an undisputed fact that the elders of Nii Annang Nukpa decided to divide the land into three (3) equal parts and share same among the three (3) branches of the family. After the sharing among the Nii Annang Nukpa family, it ceased to be ancestral land. It is a fact that the other two branches of the family have shared their portions of land among their members. The land for the Nii Kwei Kumah Mensah’s branch belongs to plaintiff and her deceased brother. To the plaintiff, the land will have to be shared into two (2) equal parts. Her deceased b...