[2025]DLCA17859 • January 23, 2025 • Court of Appeal
CHARLES MENSAH & 6 ORS vs. VIVIAN MENSAH & KWASI AGYEKUMHENE
The respondents, beneficiaries of the estate of the late Nicholas Kofi Mensah, claimed ownership of property number 38 Block E Fankyenebra, Kumasi, which was gifted to their late father. The 1st defendant purportedly sold part of the estate to the appellant without the consent of all beneficiaries, leading to a dispute. The appellant contended that the sale was made with the consent of the majority of beneficiaries and administrators, and that he had paid the purchase price and renovated the property.
read moreJUDGMENT BAAH, J. A. BACKGROUND Respondents’ reliefs 1. On 26 February 2015, the plaintiffs/respondents (hereafter Respondents) approached the High Court, Kumasi, with a prayer for: i. A declaration that property number 38 Block E Fankyenebra devolved on the plaintiffs and the 1st defendant as beneficiaries of the said properties forming part of the estate of the late Nicholas Kofi Mensah. ii. A declaration that the 1st defendant alone lacks the capacity to transfer title in property number 38 Block E, Fankyenebra, to the 2nd defendant. iii. An order setting aside the purported sale of the property numbered Plot 38 Block E, Fankyenebra, Kumasi, in September 2011, made between the 1st and the 2nd defendants. iv. An order of perpetual injunction restraining the 2nd defendant, his privies, assigns, agents and all those who claim title through him from interfering with the plaintiffs’ interest in the said property. Appellant’s counterclaim 2. In his statement o...