Ofori And 2 Others Vrs Mensah (E1/20/2022) [2024] GHAHC 293 (23 July 2024)

Ofori And 2 Others Vrs Mensah (E1/20/2022) [2024] GHAHC 293 (23 July 2024)

Johnson Ofori had no valid title to the property and could not transfer any legal interest to the defendant. Plaintiffs established lawful ownership through vesting assent and registration. Defendant failed to discharge evidential burden for purchase or tenancy. Nemo dat quod non habet applies; only the owner can transfer title. Plaintiffs entitled to declaration, recovery, injunction, and costs. Defendant’s counter-claim dismissed.

Citation
Ofori And 2 Others Vrs Mensah (E1/20/2022) [2024] GHAHC 293 (23 July 2024)
Parties
Plaintiff: Albert Setor Ofori; Plaintiff: Adelaide Adjei-Boye; Plaintiff: Roselyn Kafui Ofori; Defendant: Rev. Godswill T. K. Mensah
Court
ghahc
Jurisdiction
Ghana
Judgment Date
23 July 2024
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiffs
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Injunction, Counter Claim, Estate Administration
Source Language
eng
Property Law Civil Procedure Declaration of Title Recovery of Possession Trespass Injunction Counter Claim Estate Administration

Case Brief

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Parties

Albert Setor Ofori

Plaintiff

Adelaide Adjei-Boye

Plaintiff

Roselyn Kafui Ofori

Plaintiff

Rev. Godswill T. K. Mensah

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Johnson Ofori had valid title to dispose of the property to the defendant
  2. 2 Whether the defendant is a tenant or owner of the disputed property
  3. 3 Whether the plaintiffs are entitled to recovery of possession and injunction

Ratio Decidendi

Johnson Ofori had no valid title to the property and could not transfer any legal interest to the defendant. Plaintiffs established lawful ownership through vesting assent and registration. Defendant failed to discharge evidential burden for purchase or tenancy. Nemo dat quod non habet applies; only the owner can transfer title. Plaintiffs entitled to declaration, recovery, injunction, and costs. Defendant’s counter-claim dismissed.

Court Disposition

judgment for plaintiffs

Orders

  • Declaration that plaintiffs are legal owners of the four-bedroom property at Ho-Bankoe per vesting assent registration No. RV687/2020
  • Recovery of possession from defendant and all persons found therein