MENDS METAL WORKS LTD (PLAINTIFF) vs. MR. AYITTEY AND ANOR (DEFENDANTS)

This case has a chequered history and given the matters comprised in the pleadings, it is considered material to recount the antecedents. A certain P.T Odonkor now deceased, for himself and on behalf of two others, filed an action in the district court, Sekondi against one Mr. Mends claiming inter alia, ownership of Plot No.KP 57 Kokompe No.2 Takoradi. The two whom P.T Odonkor represented in the action were one Ayittey and Paul Noi. Ayittey is the 2nd defendant herein. The defendant in that suit Mr. Mends indisputably, owns the company, Mends Metal Works Ltd, the plaintiff herein. By its judgment pronounced on 20th January 2005, the district court declared that Plot No. 57 was the property of P.T Odonkor and the two others he represented. The court also made an order for recovery of possession against Mr. Mends. Dissatisfied with the decision of the district court, Mr. Mends appealed at the High Court, Sekondi. The High Court quoram Robin Batu J dismissed the appeal. The judgment in...