Fixon-owoo Vrs Agyemera [2023] GHAHC 340 (8 March 2023)

IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURT OF JUSTICE (LAND DIVISION) ACCRA HELD ON WEDNESDAY THE 8TH DAY OF MARCH, 2023 BEFORE HER LADYSHIP JUSTICE JENNIFER MYERS AHMED (MRS), JUSTICE OF THE HIGH COURT. ---------------------------------------------------------------------------------------------------- SUIT NO: BL/206/2007 : : PLAINTIFF DEFENDANTS AGNES FIXON-OWOO VRS 1. YAW AGYEMFRA 2. OWUSU 3. KOFI 4. LUCY K. FIXON-OWOO PLAINTIFFS: Plaintiff represented by Solomon Fixon- Owoo DEFENDANTS: 1st defendant Present, other defendants CLAIMANT Absent Present COUNSEL FOR PLAINTIFF/J/C. Mr. Kofi Boateng Gyasi – Present COUNSEL FOR CLAIMANT: Mr. Solomon Boye Boison h/b Charles Owusu Juanah – Present BY COURT: R U L I N G Contrary to the depositions in the opposing affidavit filed by Solomon Kwatei-Fixon-Owoo on 17th June, 2022 specifically paragraphs 23 and 24 Lucy Kwarkor Fixon-Owoo was joined to the instant suit on the 11th of May, 2007 after an earlier motion to join had been refused by the court, then presided over by Justice Felicity Amoah. It must also be noted that the judgment in default of defence was granted against the 1st to 3rd defendants on the 22nd of March, 2007 at which time Lucy Kwarkor Fixon - Owoo had not yet been joined to the suit. A perusal of the docket shows that the plaintiff herein filed a reply and defence to counterclaim on the 8th of June, 2007 and filed her summons for directions on the 21st of June, 2007, with the Co- defendant filing additional issues on the 3rd of July 2007. Issues were set down for trial on the 5th of July, 2007. From the docket, it does not appear that hearing into the matter commenced as the suit was adjourned sine die on the 15th of April, 2008. Very clearly, there is no judgment against Lucy Kwakor Fixon-Owoo which can be enforced as the only judgment subsisting is the one obtained due to the failure of the 1st to 3rd defendants to file any defence to the action. I will thus set aside the writ of possession granted earlier by this court and ask the parties to file their respective site plans for a composite site plans to be prepared by the Survey and Mapping Division of the Regional Lands Commission to determine whether or not the land in dispute forms 1/3 portions of the land initially acquired by the late Mercy Quartey which devolved on to her three children Comfort Kwaley Clottey, Ebenezer Kwatey Fixon-Owoo (deceased) and Lucy Fixon-Owoo (deceased) and which forms part of the estate of the late Ebenezer Kwatey Fixon-Owoo. JENNIFER ANNE MYERS AHMED (MRS) JUSTICE OF THE HIGH COURT 3