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JUDGEMENT IN THE SUPERIOR COURT OF JUDICATURE

IN THE HIGH COURT OF JUSTICE HELD IN ACCRA ON WEDNESDAY

28^TH APRIL 2010 BEFORE HIS LORDSHIP MR. JUSTICE S. H. OCRAN

SUIT NO. IRL 529/2009

_______________________________________________________

JOANA ADDISON

                                                                VRS.

VERY REVERENED EBENEZER SEY & 2 ORS.

________________________________________________________

J U D G M E N T:

BY COURT:

On 2^nd September, 2009, the Plaintiff issued this writ against the Defendants and claimed:

a)    Declaration of title to a parcel of land described in paragraph 5 of the statement of claim

b)    Immediate recovery of possession of the said land.

c)    An order for immediate eviction or ejectment of the 2^nd and 3^rd Defendants.

d)    Perpetual injunction restraining the Defendants, their agents, servants, successors-in- title from interfering with Plaintiff’s ownership of the said plot of land.

None of the Defendants entered appearance to the writ, but the 1^st Defendant filed a defence for himself without the services of a counsel.  In the 1^st Defendant’s Statement of Defence, he admitted that he had sold the land to the Plaintiff and secured for her land title certificate.  He however denied that the land he sold was 1.171 Acres.  The 1^st Defendant also stated that the 3^rd Defendant had vacated the premises before the writ was issued.

On 21^st December, 2009, the action against the 3^rd Defendant was struck out and claims a, c, and d against the 2^nd Defendant were also struck out as abandoned.  Final Judgment for recovery of possession against the 2^nd Defendant was decreed on 21^st December, 2009.

Since the 1^st Defendant concedes that he had sold the land together with the house thereon to the Plaintiff, Judgment is entered for the Plaintiff as follows:

a.    Title to all that piece and parcel of land situate and lying at Abeka Accra in the Greater Accra Region of the Republic of Ghana, and covered by land certificate No. GA. 26882 is decreed in the Plaintiff.

b.    Recovery of possession of any portion of the said land occupied by the 2^nd Defendant.

c.    An order of perpetual injunction restraining the Defendants, their agents servants, privies etc. from interfering with the Plaintiff’s ownership of the land in claim ‘a’.

The Plaintiff is awarded cost of GH¢1,000.00 against the 1^st Defendant and GH¢500.00 against 2^nd Defendant.

Counsel:                   Mr. Felix Aboagye for Plaintiff Respondent

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    (SGD.) MR. JUSTICE S.H. OCRAN 

           Justice of the High Court