EMMANUEL O.K. MARTINS & ANOR.
V.
KING GEORGE ENTERPRISE

(2016) JELR 107802 (HC)    
High Court  ·  SUIT NO. BMISC 914/2014 ·  14 Dec 2016 ·  Ghana
CORAM
PATIENCE MILL-TETTEH (MRS.)
Core Terms Beta
defendant
plaintiffs
property
family property
judgment
notice
agents
case
cost
damages
defence
plaintiff’s family
plaintiff’s land
purported lease
return date
sale of plaintiff
statement
structures
such transaction
witness statement
witness statements
1st may
abraham william clebib
accordance
consent of the others
court of appeal
court orders
declaration
defendants
documental evidence
evidence of the plaintiffs
family member
family members
information plaintiffs
justice of the high court
late dauda daniel martins
lease
patience mill-tetteh
pendency of a court case
perpetual injunction
proceedings of that day
quiet enjoyment of their property
recovery of the cost
res judicata
rightful owners
said duada
sole owners
tenancy agreement
witness box

JUDGMENT 

Title to family property cannot be transferred by one family member without the  consent of the others, and any such transaction is voidable and it is no wonder  that the defendant herein has abandoned his case perhaps having realized that he  did not obtain his interest in the property in dispute from the rightful owners who  instituted this action on 26/06/14 with the following reliefs; 

1. Declaration that the purported lease or sale of plaintiff’s family property  described as house no D891/3 derby Avenue, Accra is null and void.

2. Recovery of the cost of rebuilding structures demolished by the defendant  on the plaintiff’s land. 

3. Damages in diem for trespass

4. Perpetual injunction restraining the defendant his agents and assigns from  however interfering with the plaintiff’s family’s quiet enjoyment. 

The plaintiffs are joint heads of the Daniel Edward Martins family and sue on  behalf of the beneficiaries of late Daniel Edward Martin. The plaintiffs have been  in quie…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login