[2016]DLCA4645 • July 19, 2016 • Court of Appeal
EBENEZER ANTWI BAWUA vs. KWABENA KYEREMEH AND CUDJOE KYEREMEH
The plaintiff purchased three plots (Plot No. 21A, South Industrial Estate, Block 'F' Sector 7, Sunyani) from the 1st defendant, who later denied the sale, claiming the transaction was a contract of guarantee securing a debt owed by his son (PW1) to the plaintiff. The plaintiff paid GH¢22,000 and took possession, renting rooms to students. The defendants claimed ownership and sought declarations and injunctions. The trial court accepted the defendants' plea of non est factum and dismissed the plaintiff's claim, denying the 1st defendant's counterclaim due to company ownership of the land. The plaintiff appealed.
read moreAYEBI, JA 1. On 17th May 2012, the plaintiff/appellant (hereinafter referred to as plaintiff) sued the defendants who are a father and a son (hereinafter referred to as defendants) for: (a) A declaration of title and recovery of possession of one of the three (3) plots on Plot No. 21A, South Industrial Estate, Block “F” Sector 7, Sunyani which the 1st defendant sold to the plaintiff which the 1st and 2nd defendants are now laying adverse claim to. (b) An order to eject the 2nd defendant from the plot in dispute. (c) An order of injunction to restrain the defendants, their agents, assigns etc. from laying adverse claim to the disputed plot or any part thereof. 2. By an amended statement of defence filed on 25th June 2012, the 1st defendant counterclaimed for: (a) Declaration of title and recovery of possession of all the Industrial Plot No. 21 Block “F” South Industrial Area, Sunyani. (b) Declaration that any purported sale of portion of the 1st defendant’s Industrial P...