HARRISON vs. GRAY, JNR [1978]DLHC1144

Date	1978-10-09
Suit No.
Citation No.	[1978]DLHC1144

EDWARD WIREDU J.

ABAYIE FOR THE PLAINTIFF.

NYANOR FOR THE DEFENDANT.

[1978]DLHC1144
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													<main id="main" class="content" style="min-height: 60rem" >HARRISON <o:p></o:p>vs. <o:p></o:p>GRAY, JNR<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>&nbsp;[1979] GLR 330<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
9 OCTOBER 1978<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ABAYIE FOR THE PLAINTIFF.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

EDWARD WIREDU J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF EDWARD WIREDU J.<o:p></o:p>The
plaintiff who describes herself as a widow and a trader by her writ of summons
issued out of this court claims against the defendant:<o:p></o:p>“(a) A
declaration of title to the premises at New Abossey Okai (at Sakwei South
Winneba Road) with registration numbers 3541/ 1977, AC. 4372/1977 and
32000/1043/77 on the title deeds, the said land having been bought by the
plaintiff, developed by her and now being occupied by the defendant. <o:p></o:p>(b)
Recovery of possession of the premises and damages for trespass thereto.”<o:p></o:p><o:p>&nbsp;</o:p>Her
complaint against the defendant who on the facts established is in occupation
of the disputed premises with his family (namely his wife and children) is that
she met the defendant in the course of her business and agreed to a promise to
be married to him. The evidence shows that the two stayed on this promise for
some time when the defendant became faced with an ejectment order from the court
to vacate his rented premises. The plaintiff testified that in this predicament
the defendant approached her with his problem and because of the promise given
her by the defendant she decided to put up the disputed house so that they
would both go and stay in it when they got married.<o:p></o:p><o:p>&nbsp;</o:p>She
testified that she acquired a building plot and on her own instructions caused
all documents on the disputed house to be made in the name of the defendant.
She gave her reasons for doing so as to secure the interest of the defendant
who might face the threat of ejectment from her children should she predecease
the defendant. She called evidence by herself and seven other witnesses to show
how she negotiated for the purchase of a building plot, got a plan to be prepared
and engaged masons and carpenters to put up the disputed house, had it formally
opened and handed over the keys to the defendant to go into occupation to beat
the time limit set for leaving his former house which had barely two weeks to
go. In a nutshell her case is that she financed the construction of the
disputed house single-handed out of her own resources without a pesewa
contribution from the defendant or any other person.<o:p></o:p>The
events which seem to have provoked the present action according to her evidence
are that some time after the defendant had gone into occupation he began
finding faults with her, denied her sex and used profane words to her. She
complained that the defendant’s attitude towards her had changed. She began to
realise that there was no longer any love for her in the heart of the
defendant. She therefore complained to her father who called the defendant and
asked him to invite his father down. The plaintiff’s complaint according to her
evidence resulted in a meeting which the parties describe as an arbitration in
the house of the plaintiff.<o:p></o:p><o:p>&nbsp;</o:p>Present
at the meeting were the parties, the fathers of the parties and other friends
of the families in the persons of Mr. Oppong (the plaintiff’s fourth witness),
a Major Ayensu (the plaintiff’s sixth witness) as invitees of the plaintiff’s
father; then Opanyin Kwame Nyantakyi (the defendant’s third witness) and a
younger brother of the defendant (the defendant’s fourth witness) as invitees
of the defendant’s father. Part of the plaintiff’s present case is in effect to
enforce her claim arising as a result of this meeting. Her evidence in this
regard reveals that at the meeting she laid claim to the disputed house as her
own property and demanded that the defendant vacate the premises, which was set
at an agreed time limit of four months from the date of the meeting. She
testified that when the four months’ deadline was approaching she caused a
letter to be written to the defendant a copy of which was tendered as exhibit
B. In his reply to exhibit B the defendant laid an adverse claim of title to
the disputed house and hence her present action for title.<o:p></o:p>