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IN THE SUPERIOR COURT OF JUDICATURE

IN THE HIGH COURT OF JUSTICE HELD IN ACCRA ON THURSDAY

 17^TH DECEMBER, 2009 BEFORE HIS LORDSHIP MR. JUSTICE S. H. OCRAN

SUIT NO. BL264/2004

_______________________________________________________

JOHN BART ADDISON

                                                                VRS.

HANNA KORDAI ADDY

________________________________________________________

JUDGEMENT

BY COURT:

The Plaintiff issued this writ on 26^th February, 2004 against two defendants jointly and severally for the following reliefs which have been quoted verbatim.

1.     That the Court Orders that Plaintiff leased a plot from late Oye Codjoe alias Dunkrong Amartiokor and the Plaintiff from his own resource built House No. B 672 on the leased plot situate lying and being at Abossey Okai.

2.    That the lease is still in subsistence.

3.    That an order for account of all monies accruing to the Estate of Deceased who died on 11^th July, 1987 up to the date of Judgement.

4.    Alternatively the refund of the money Plaintiff paid to the lessor and money spent to put up the house plus interest on the whole amount.

5.    An order for injunction not to distribute the Estate without reference to the Plaintiff.

6.    General Damages for interfering with the enjoyment of the Plaintiff lease.

7.    An order that the Plaintiff is joint owner of the House No. B 627/6 with late Oye Codjoe alias Dunkrong Amartiokor.

8.    The Court order that the cost be awarded against the Defendants.

9.    Damages for breach of contract and misrepresentation.

The first defendant died in the course of the trial, so the suit was prosecuted against the 2^nd defendant.  In the amended Statement of Claim filed on 12^th April, 2009, the plaintiff claimed to have a building plot leased orally from one Oye Codjoe, a fetish priestess who is also known as Dunkrong Amartiorkor, at Abossey Okai for 50 years.  The purpose of the oral grant was for the building of two story commercial building.  According to the plaintiff’s pleading he paid total rent of ¢120,000.00 for the 50 years and a customary drink of ¢200.00 i.e. GH¢0.02.

According to the plaintiff, when he commenced the building to foundation level men from City Engineers demolished it, and informed him that there was litigation on the plot and that it will be in his interest to put up only a  one story building.

In 1987, the lessor died.  The defendants applied for letters of Administration to administer the estate of Oye Codjoe but he the plaintiff issued a caveat as the defendants are interfering with the plaintiff’s use of the plot by renting the adjoining plot. 

The defendants denied the plaintiff’s claim and counter-claimed for the following:

a)    A declaration that the lease agreement under which plaintiff entered the land had long expired.

b)    Ejectment and recovery of possession of the land from plaintiff.

Even though there is no indication on the temporary docket that directions filed on 11^th November 2004 had been taken, on 15^th January, 2009, the plaintiff’s Counsel said from his docket, directions was taken on 24^th November, 2004.  This was said in the presence of defence counsel, who could not confirm or deny, since he never had that information.