AHMED VRS BONSU & ANOTHER (C1/11/2021) [2023] GHACC 703 (28 November 2023)

IN THE CIRCUIT COURT ‘2’ ADENTAN SITTING BEFORE HER HONOUR SEDINAM AWO BALOKAH (MS) THE PRESIDING JUDGE ON THE 28TH DAY OF NOVEMBER, 2023 TIME: 9 : 10 AM SUIT NO. C1/11/2021 HAJIA AISHA AHMED SUING PER HER LAWFUL ATTORNEY CHARLES EDEM KOFI ADUDOGO HOUSE NO. B6 LABONE – ACCRA VRS. 1. GEORGE BONSU ACCRA 2. WINCHESTER EMPIRE COMPANY LIMITED ACCRA PETITIONER RESPONDENT Plaintiff’s Lawful Attorney: Present Defendants: Absent Samuel Kofi Nartey present with Selorm MacCaulley holding brief for Dennis Adjei Dwomoh for Plaintiff Alhaji Farouk Seidu absent for 1st Defendant By Court: Judgment This court on the 23rd day of November 2021 entered an Interlocutory Judgment in default of Defence in favour of the Plaintiff against the 2nd Defendant in the instant suit and adjourned the suit sine die for the Plaintiff to prove her case against both Defendants at the appropriate time in accordance with the rules. This is what the Plaintiff has sought to do through her only witness who is her lawful attorney (see Exhibit A) The court shall proceed to render its judgment without any further delay since the Defendants have had due notice of proceedings herein. The Plaintiff’s claim is for the reliefs endorsed on the Writ of Summons (Paragraph a to h). See Writ of Summons and Statement of Claim filed on the 22nd day of October 2020. In proof of her claim to the 2 parcels of land in dispute, the Plaintiff is obliged under Sections 11(1), 12(1) & (2) and 10 of The Evidence Act, 1975 (NRCD 323) to lead sufficient evidence to prove her claims on the preponderance of the probabilities. In her attempt to discharge this burden, the Plaintiff’s only witness, Plaintiff’s Lawful Attorney, through his testimony per his Witness Statement and Supplementary Witness Statement, as well as Exhibits A to P1 successfully established the following facts in evidence; 1. That the Plaintiff has given legal authority to Charles Kofi Edem Agudogo to institute the instant suit and prosecute same for and on her behalf. (see Exhibit A) 2. That per Exhibit B, K and D series, the Plaintiff acquired from the Okpong-we family of Teshie all that parcel of land described and claimed at Paragraph a) of the reliefs endorsed on the Writ of Summons. 3. That per Exhibits E, F and K the Plaintiff acquired from Ibrahim Brobase Company Limited all that parcel of land described and claimed per paragraph b) of the reliefs endorsed on the Writ of Summons. 4. That as at the 14th day of October, 2020, an official search conducted at the Survey and Mapping Division of the Lands Commission Accra showed that the 2 parcels of land described at paragraph a) & b) of the reliefs endorsed on the Writ of Summons were parcels of land affected by plotted transactions for the Plaintiff herein and no other person or group of persons or entity. 5. That both parcels of land trace their roots of title to the Okpoti-we family of Teshie (see Exhibits B and E) 6. That the Defendants and their agents unlawfully entered onto the 2 parcels of land in dispute and have undertaken developments on the said parcels of land (see exhibits H Series and L Series) 7. That per Exhibits G, the Plaintiff sought Police assistance to cause the Defendants to vacate the 2 parcels of land. 8. That the Plaintiff exercised rights of possession on the 2 parcels of land (see Exhibits P and P1 – Building Permits. In light of all the evidence on record and in the absence of any evidence to the contrary, the Court finds that the Plaintiff has successfully established the facts of her legal and beneficial ownership of the 2 parcels of land in dispute, having successfully shown documentation of her ownership and positive acts of possession. In the circumstances, Judgment is entered in favour of the Plaintiff for the reliefs endorsed on the Writ of Summons. Orders 1. Declaration of title to all that piece or parcel of land situate and lying at Djonman in the G/A Region of the Republic of Ghana containing an appropriate area of 0.65 acre or 0.26 hectares of land, and which is more particularly delineated and edged pink and plotted as no. LXDG AST 20289582020, is made in favour of the Plaintiff herein, declaring her as the legal and beneficial owner of the said land forthwith. 2. Declaration to all that piece or parcel of land situate and lying at Djornman in the Adentan Municipality in the Greater Accra Region of the Republic of Ghana containing an approximate area of 0.880 acres or 0.356 hectares which said land is more particularly delineated and edged Pink and plotted as No. LRDTDR 10274282020, is made in favour of the Plaintiff herein, declaring her as the legal and beneficial owner of the said land forthwith. 3. Possession to the above 2 parcels of land is granted to the Plaintiff herein. 4. The Defendants, their privies, agents, assigns, workmen, servants and any other persons, group of persons or entities claiming through or under them are by this Perpetual Injunction Order prohibited from going onto, entering into, selling, developing or dealing with the 2 parcels of land adjudged as belonging to the Plaintiff herein, in anyway whatsoever forthwith. 5. The Property Fraud Unit of the Ghana Police Service at the Police Headquarters, Accra are requested to assist the Plaintiff/ Judgment Creditor in her execution of any of the orders per the instant Judgment. 6. The Court awards general damages of GHC 150,000 against the Defendants jointly and severally for the damages caused by the Defendants unlawful activities on the 2 parcels of land herein. 7. The Court awards exemplary damages of GHC50,000 against the Defendants jointly and severally for their disregard for the lawful caution of the police and their brazen conduct in their disregard for law enforcement in their acts of trespass onto the Plaintiff’s lands. 8. Cost of GHC15,000 is awarded against the Defendants jointly and severally. (SGD) H/H SEDINAM AWO BALOKAH CIRCUIT COURT JUDGE Sarafina./*