[2020]DLHC10114January 20, 2020High Court

HAJIA MUTIATU SAFIANU vs. MUSTAPHA MOHAMMED

1.0 Background 1.1 The parties in this suit hail from the same family. Plaintiff is the daughter of and in fact the administratrix of the estate of her late mother Memunatu Alhassan (MA) who died on 19 July 1994. Defendant is the cousin of plaintiff’s late mother MA. The subject matter property in issue is just a quarter plot of land containing two bedroom self-contained apartment on a land also described as H/No. C50/9, New Town, Accra. The larger plot is owned by plaintiff’s late mother. 1.2 Plaintiff seeks to recover the land on which defendant had built his two bedroom self-contained apartment claiming that the land belonged to her late mother, and that it formed part of the estate of her deceased mother. Defendant’s case is that the one-quarter plot of land that apparently is contained in the larger land was gifted to him by plaintiff’s late mother. Plaintiff’s late mother ordinarily lived on the larger part of the land prior to her death in July 1994. Though appea...