[2024]DLHC18057 • January 19, 2024 • High Court
SAMUEL ADJEI ADJETEY vs. JOHN TOWNSHED & 3 ORS.
The 4th Defendant claims a 99-year lease granted by the 3rd Defendant (Lands Commission) on land alleged to belong to the government, while the Plaintiff disputes ownership. The 3rd Defendant failed to file a defence and judgment was entered against it. The 4th Defendant seeks to subpoena the 3rd Defendant to testify regarding correspondences and ownership of the land.
read moreRULING This is an application by learned counsel for the 4th Defendant/Applicant for leave to subpoena the 3rd Defendant, the Lands Commission. The application is supported by an affidavit the relevant portions of which are as follows: “4. The 4th defendant is currently giving evidence in this suit. 5. The Lands Commission is the 3rd Defendant in this suit but it failed to file its defence to the Plaintiff’s claim and Judgment has been entered against them. 6. The 4th Defendant’s case is that the 3rd Defendant granted to her a 99 year lease claiming the land belonged to the government. 7. The 4th Defendant has tendered correspondences with the 3rd Defendant and it will be for the 3rd Defendant to speak to those correspondence and on why the land in dispute isgovernment land and not that of the Plaintiff. 8. All matters that will assist the resolution of this suit must be placed before the Court so justice can be effectively done. 9. The indolence of the 3rd Defendant s...