(2016) JELR 107546 (HC)    
High Court  ·  SUIT No. BFA/176/2011 ·  31 Oct 2016 ·  Ghana
Core Terms Beta
1st defendant
1st plaintiff
storey building
court finds
burden of persuasion
construction of the stores
sufficient evidence
2nd defendant
bank accounts
cross examination
vacant land
burden of proof
civil cases
following reliefs
house number c57
house of the deceased nathaniel mensah
late nathaniel nikoi mensah
obligation of a party
said goodwill
1st plaintiff’s assertion
absolute entitlement of the plaintiff
adult children
behalf of plaintiffs
case of defendants
case of plaintiffs
demise of nathaniel nikoi mensah
disputed house
disputed property
erect stores
estate of the person
exhibits a1
following issues
mr mensah
name nathaniel kotey mensah
order of accounts
order of court
proceeds of rental income
q 2nd plaintiff
respect of the estate of the late mensah
sole property


Plaintiffs and 2nd Defendant are siblings and 1st Defendant is their mother. The  late Nathaniel Nikoi Mensah was their father and husband respectively. The late  Nathaniel Nikoi Mensah died interstate on the 11th day of October, 1989 and was  survived by 1st defendant and five adult children including plaintiffs and 2nd Defendant. Of the two remaining children who are not parties in this suit, one by  name Nathaniel Kotey Mensah resides in the United Kingdom and one by name  Grace Mensah has since passed on. The late Nathaniel Nikoi Mensah died possessed of House Number C57/22, New Achimota, the subject matter of this  suit, which he occupied with his wife and the five children prior to his demise. 

Following the demise of Nathaniel Nikoi Mensah, a dispute arose over House  Number C57/22 resulting in the judgment of VICTORIA MENSAH v E.N. A. OKRAKU High Court Suit Number 2057/89 12TH April, 1995. Judgment in the suit stated  inter alia that: “Mr Mensah died intestate in 198…

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