MIREKU vs. YEBOAH AND OTHERS [1992]DLHC2040

Date	1992-10-22
Suit No.
Citation No.	[1992]DLHC2040

GBADEGBE J.

S. ASANTE-ANSONG FOR THE PLAINTIFF.

F.K. AWUAH FOR THE DEFENDANTS.

[1992]DLHC2040
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">MIREKU<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">YEBOAH AND OTHERS<o:p></o:p>[HIGH COURT, KOFORIDUA]<o:p></o:p>[1992] 1 GLR 242<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">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">Date: 22
OCTOBER 1992<o:p></o:p>

F.K. AWUAH FOR THE DEFENDANTS.
<o:p></o:p>

</div>JUDGMENT OF
GBADEGBE<o:p></o:p>By the writ of summons herein, the plaintiff seeks declaration of
title as well as an order of perpetual injunction in respect of house Nos 106
and 106A situate at Nkawkaw also described as C44, the boundaries of which are
more particularly described in the indorsement to the writ of summons herein.<o:p></o:p>The defendants upon service of the writ of summons herein on them
submitted themselves to the jurisdiction of this court and the first defendant
counterclaimed as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“A declaration that he is a joint or equal owner with the
plaintiff of house Nos. 106 and 106A, Nkawkaw, both of them having equally
contributed to the purchase price of the property, and that the plaintiff
though registered as the legal owner of the property, holds it, in equity, in
trust for himself and the first defendant herein.”<o:p></o:p>The plaintiff avers that in or about 1959 he purchased house No.
106 then described as C44 for the sum of £6,500. He further contended that he
initially deposited £6,100 towards the said purchase and paid the balance of
£400 by monthly instalments which he requested for from the vendors and which
request was acceded to. He also tendered in proof of payment exhibits A, B, B1
-B9, “C” and C1 as well as the title deeds in respect of the property—exhibits
D and E. Exhibit D was the deed of assignment from S.C.O.A. whilst exhibit E
represents the leasehold agreement between him and the Obomeng stool, the
allodial owners of the land to take account of the lapse of the term reserved
in the head lease—exhibit D. He went on to say that after the purchase of house
No.106 he moved his drug business therein. Later, he constructed a new building
on the vacant plot which forms part of the area demised in exhibits D and E. He
further tendered exhibits F and Fl, being the building permit and the plan on
the same. According to him, following the completion of house No.106A, he went
to reside therein and has been in such occupation since. He contended that he
has to date had a peaceable enjoyment of the property in dispute exercising exclusive
rights of ownership thereon until some time this year when following an advert
notice which he had caused to be placed in the Daily Graphic of 13 January 1992
(exhibit N), the defendants herein caused their solicitors to write exhibit L
addressed to him in which they asserted adverse title to the property in the
first defendant. In view of this adverse assertion of title, he brings the
action herein claiming as per the writ of summons.<o:p></o:p>In their defence, particularly paragraphs (5)-(7), the following crucial
averments were made:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“(5) Property numbered then as C44 and now as 106 and 106A,
Nkawkaw was purchased for the sum of £6,500 with each of the plaintiff and the
first defendant contributing equally to raise the purchase price. <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(6) The defendants further state that because the plaintiff is the
elder of the two brothers, it was agreed between the plaintiff and the first
defendant that all documentation in respect of the purchased property should be
in the name of the plaintiff in trust for himself and the first defendant
herein. <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(7). Upon the purchase of the property both the plaintiff and the
first defendant agreed that it should be made family property, namely to house
their parents and younger brothers and sister as well as other members of the
family, and it was in fact put to such use.”<o:p></o:p>The said paragraphs contained in the statement of defence, to my
mind, substantially state the answer of the defendants to the claim herein.
Further, the defendants alleged that there was a prior arbitration touching and
concerning the ownership of the subject matter of this action in which it was
held that the father of the parties made no contribution to the property in
dispute but that the only contributors were the plaintiff and the first
defendant.<o:p></o:p>To my mind, the fact of the said arbitration from the n</main>