EBO THOMPSON (PLAINTIFF) vs. IBRAHIM ADAMS & 6 ORS. (DEFENDANT) [2004]DLHC7409

Date	2004-07-22
Suit No.	SUIT NO.MISC.775/99
Citation No.	[2004]DLHC7409

HER LORDSHIP MRS. CECILIA HANZY SOWAH J.

ANANE-FRIMPONG FOR PLAINTIFFS

KWESI BLAY FOR DEFENDANTS

[2004]DLHC7409
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													<main id="main" class="content" style="min-height: 60rem" >EBO THOMPSON<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>IBRAHIM ADAMS &amp; 6 ORS.<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH COURT]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>COUNSEL: <o:p></o:p>ANANE-FRIMPONG
FOR PLAINTIFFS <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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KWESI BLAY FOR DEFENDANTS <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;
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</div>In
the Writ of Summons filed on 27th April, 1999 as amended on 9th July, 2001, the
Plaintiff and Co-Plaintiff are seeking the following reliefs: <o:p></o:p>(i)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
An order of the Court to set aside a. Writ
of fieri facias No. 4/94, dated 10th May, 1994 b. Cancel or revoke the
certificate of purchase c. Set aside or cancel writ of possession; <o:p></o:p>(ii)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Declaration of title <o:p></o:p>(iii)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;Recovery of possession &nbsp;<o:p></o:p>(iv)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Punitive damages for loss of use with
effect from the date of the trespass to H/No. D.345, Dansoman Estate, Accra to
wit 20th April, 1997 till date of recovery of possession. <o:p></o:p>The
facts of the case are as follows: H/No. D.345, Dansoman Estates was purportedly
sold by public auction on 7th January, 1995 under a writ of fi:fa issued on the
application of 1st Defendant who had obtained judgment for the recovery of ¢5.2
million with 32% interest thereon against the 2nd Defendant herein at the High
Court, Tema. The property was sold by the 3rd Defendant, a licensed auctioneer,
and purportedly purchased by the Co-Defendant, Richard Cofie. 4th and 5th
Defendants were the Court bailiffs who carried out the instructions of the
Deputy Sheriff, and 6th Defendant is in residence at the property in dispute,
apparently as the tenant of the Co-Defendant. <o:p></o:p>The
case of Plaintiffs is that the Co-Plaintiff, Joseph Kwaku Thompson was the
owner of the house, the subject matter of dispute. In his evidence-in-chief on
4th May, 2004, Co-Plaintiff said he gave the title deeds of the property and a
Power of Attorney to 2nd Defendant, Grace Ankomah to enable her obtain a loan
for her business. He thereafter left the jurisdiction between 6th November,
1991 and 27th November, 1999 during which period his son, Plaintiff herein
lived in the house and was in charge of the house. During this period, 2nd
Defendant took a loan from the 1st Defendant and defaulted. 1st Defendant took
action at the Tema High Court to recover the loan and attached the property,
which was eventually sold by public auction. <o:p></o:p>Co-Plaintiff
testified that the title deeds to the house and the Power of Attorney were
given to 2nd Defendant to obtain a loan from the commercial bank. That however,
contrary to the terms of the Power of Attorney, 2nd Defendant had taken a loan
from the 1st Defendant. A copy of the loan agreement between 1st and 2nd
Defendants was tendered in evidence as Exhibit</main>