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JUDGMENT
BY COURT:
By the Plaintiff’s Writ of
Summons and Statement of Claim
issued on 5th
November, 2010, the Plaintiff
claimed the following:
a)
Declaration of title to all that
piece or parcel of land
described in schedule.
b)
Declaration that defendant’s
demolishing of plaintiff’s
properties on his land was
wongful and unlawful.
c)
General damages for wrongful and
unlawful destruction of
Plaintiff’s properties.
d)
Special damages of GH¢7,415.00
being damages caused plaintiff
by defendant as itemized in
paragraphs 8, 9 and 10 of
Statement of Claim.
e)
Interest on the amount of
GH¢7,415.00 from 1st
May, 2007 to date of judgment.
f)
Recovery of possession of
plaintiff’s land and further
order that any offending
structures placed on Plaintiff’s
land by defendant be removed at
cost to defendant.
g)
Pepertual injucntion restraining
the defendant, his agents
assigns from dealing with
Plaintiff’s land in any manner
detrimental to plaintiff’s
interest.
The Writ and the Statement of
Claim were served on the
Defendant on 9th
November, 2010. The Defendant
failed to enter appearance so
Interlocutory Judgment was
entered against him on 13th
January, 2011.
Despite the fact that the
Defendant did not submit to the
jurisdiction of the court, entry
of Interlocutory Judgment and
Notice of Proof of title and
assessment of damage were served
on the Defendant on 21st
January, 2011. The Proof of
service indicates that on 21st
January, 2011, the Defendant
refussed to accept the entry of
Judgment and the hearing notice,
so the bailiff Alex Winfred
Amagyei left the documents on
the defendant’s seat. On 7th
February, 2011 the Defendant
failed and or refused to appear
in Court. The Plaintiff was
therefore asked to give evidence
in proof of his title and the
extent of damages.
The Plaintiff gave evidence that
the land was given to him by Nii
Odu III the then Mantse of
Oduman and was given exhibit
‘A’. Exhibit ‘A’ was executed
by Nii Odu III as Oduman Mantse
with the consent and concurence
of some principal members of the
Oduman Stool. All the three
elders signed exhibit ‘A’ as Nii
Odu III himself. By the said
grant made in 1998, the Oduman
Stool divested its interest in
the said land.
Even though the grant is in the
process of being registered
under the Land Title
Registration Law 1986
(P.N.D.C.L. 152) as per exhibit
‘B’, exhibit ‘A’ is still
valid. Since Nii Odu III and
his elders have leased the land
in dispute, the new chief has no
right to give the same land to
another person without first
re-entering the land. In the
cases of Cofie vrs. Otoo (1959)
GLR 300, Kotey vrs. Kolete
(2005-06) SC GLR 368 and Brown
vrs. Quarshie (2003-04) SC GLR
930, it was held that once a
Stool or a person has divested
itself or himself of an interest
in land, the Stool or that
person cannot sell the same land
to another person.
The Plaintiff also gave evidence
that he took possession of the
land when it was granted to
him. He built two separate
houses to footing level but the
defendant sent some pople to
destroy same.
In all, the Plaintiff says he
spent GH¢22,365.00 which is made
up of GH¢3,165.00 on the first
foundation, and GH¢22,250.00 on
the second one. Exhibit ‘C’
shows that one thousand 5 inch
blocks cost ¢3,600,000.00 out of
which he made a part payment of
¢2,600,000.00 on 6th
May, 2006. Again the Plaintiff
gave evidence that he bought 25
bags of cement for the first
foundantion three trips of sand
at GH¢60.00 per trip and three
trips of stones at GH¢80.00 per
trip. Considering labour and
other cost, I accept the
Plaintiff’s evidence on the
expenditure, and enter Judgement
for the Plaintiff as follows:
a)
The Plaintiff is declared title
to all that piece or parcel of
land situate lying and being at
Oduman, Accra and covering an
approximate area of 0.16 of an
acre more or less and bounded on
the North by the lessor’s land
measuring 100feet more or less
on the South by the lessor’s
land measuring 100 feet more or
less on the East by a proposed
road measuring 70 feet more or
less and on the West by the
lessor’s land measuring 70 feet
more or less.
b)
The Plaintiff is to recover
possession of the said land.
c)
An Order of Pepetual Injunction
restraining the defendant, his
grantees, agents, assigns etc.
from dealing with Plaintiff’s
land described in relief (a).
d)
Special damages of GH¢25,365.00.
e)
General Damages of GH¢10,000.00
for destroying the structures on
the land.
The Plaintiff is awarded cost of
GH¢3,000.00.
(SGD.) MR. JUSTICE S.H. OCRAN
Justice of the
High Court
Counsel: Mr. Oracca
Tetteh holds Nathaniel Myres’s
breif for Plaintiff
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