COMFORT OFOOLEY OFOLI & JOSEPH OBLI OFOLI V. RICHARD MAXWELL

JUDGMENT

OPPONG, J.

Plaintiffs, who are the eldest and youngest children respectively, of one Cecilia Kaifa Masoperh also known as Cecilia Obli (deceased) in their capacity as  administrators and beneficiaries of the estate of the late Cecilia Kaifa Masoperh sued defendant who, they claimed, trespassed on land belonging to the estate of their late mother Cecilia Kaifa Masoperh.

According to Plaintiffs, the land, which is at Dzorwulu in Accra, was customarily granted to Cecilia Kaifa Masoperh, Beatrice Aku Nmai and Naa Ashong who were sisters in 1953 by the then Osu Mantse, Nii Noi Dowuona IV at the request  of the sisters who are all now deceased. 

The sisters went into possession of the land. The Osu Mantse Nii Noi Dowuona IV subsequently executed a document dated 13th July 1960 in confirmation of the voluntary customary grant and the document was duly registered at the Deeds Registry as No. 732/1962. 

Plaintiffs averred that during the lifetime of the three sisters the land was  inf…