[2018]DLHC16352 • June 13, 2018 • High Court
ADOLPHONUS TAWIAH WELBECK (DECEASED) SUBTITUTED BY: SETH WELBECK vs MARTIN BREW AND JOSEPH ABRAH BAMFO
JUDGMENT Adolphus Tawiah Welbeck sued the Defendant on the 17th July 2015. However, while the action was pending he died on 14th July, 2016 whereupon Seth Welbeck applied and was duly substituted, the cause of action having survived the death of Adolphus Tawiah Welbeck. Plaintiff claimed that he acquired the property in dispute from Emmanuel Sampong Banfo and the acquisition is evidenced by an indenture, a document dated 15thNovember 1988, executed between the vendor, Emmanuel Sampong Banfo on one hand and Plaintiff on the other hand. Having acquired the property, Plaintiff took steps to register it with Lands Commission and accordingly the property has duly been plotted and pursuant to Land Title Registration Law, 1986 (PNDCL 152), the intended registration of the property was duly published resulting in the issuance of land title certificate No. GA 48733 dated 26th November, 2015. Plaintiff described the Defendant as a trespasser, claiming that he has entered a portion of th...