JUDGMENT
The plaintiff filed a writ of summons accompanied by a statement of claim against the defendant herein, the sole Executor and Trustee of the Estate of Joseph Oteng Mensah, the father of the Plaintiff. The Plaintiff seeks as follows:
(a) “A declaration by the court that H/No. A429/11 situated at Dansoman Accra is the self-acquired property of the plaintiff and therefore cannot be willed out by plaintiff’s deceased father.
(b) An Order of perpetual Injunction restraining the defendant from vesting the property aforesaid in any other person(s) or dealing with it in any manner inconsistent with the interest of the plaintiff.
(c) Any other order(s) as this Honourable Court may deem fit.”
It is the claim of the plaintiff that he acquired the property in dispute, then an uncompleted structure. He gave the ground floor to tenants and the 1st floor to his late father who had then sold his house situate at Dansoman. According to the plaintiff, his late father collected rents and beh…