EKOW BOSOMPRAH (PLAINTIFF) vs. KASAPA TELECOM LIMITED (DEFENDANT) NOVR EL-DIN CAPTAN (CO-DEFENDANT) [2007]DLHC7488

EKOW BOSOMPRAH (PLAINTIFF) vs. KASAPA TELECOM LIMITED (DEFENDANT) NOVR EL-DIN CA... [2007]DLHC7488

Date	2007-01-23
Suit No.	SUIT NO.AI.2/2004
Citation No.	[2007]DLHC7488

HIS LORDSHIP JUSTICE BAFFOE BONNIE.

S.K. AMOAH FOR THE PLAINTIFF.

MRS. DELA OBENG-SAKYI FOR THE DEFENDANT.

FRANK DAVIES FOR THE CO-DEFENDANT.

[2007]DLHC7488
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >EKOW BOSOMPRAH<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>KASAPA TELECOM LIMITED<o:p></o:p>(DEFENDANT)<o:p></o:p>NOVR EL-DIN CAPTAN<o:p></o:p>(CO-DEFENDANT)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH
COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT NO.AI.2/2004 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 23RD JANUARY, 2007<o:p></o:p>

</div>COUNSEL:<o:p></o:p>S.K. AMOAH FOR THE PLAINTIFF.
<o:p></o:p>MRS. DELA OBENG-SAKYI FOR
THE DEFENDANT. <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

FRANK
DAVIES FOR THE CO-DEFENDANT.<o:p></o:p>

HIS
LORDSHIP JUSTICE BAFFOE BONNIE.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

</div>The
Plaintiff's claim against the Defendant is for <o:p></o:p>a. A declaration of title to
all that piece or parcel of land situate at Osu Accra covering an approximate
area of 0.06 hectare (0.15 of an acre) more or less known as PARCEL NO.50 BLOCK
4 SECTION 0.26 and covered by LAND CERTIFICATE NO.G.A. 11364 in LAND REGISTER
VOL.12 FOLIO 545 DATED 11TH JULY 2001. <o:p></o:p>b. ¢350,000,000—general damages
for trespass. <o:p></o:p>c. Recovery of Possession. <o:p></o:p>d. Perpetual Injunction
restraining the defendant, its servants, workmen and assigns from further
trespassing on the land in dispute. <o:p></o:p>When
the defendant filed his defence it became evident that they were claiming their
title through a lease granted them by NOUR EL-DIN CAPTAN the administrator of
the Estate of the late MOUSBAH CAPTAN. NOUR EL-DIN applied and was joined as
Co-Defendant. In his statement of defendant the co-defendant repeated the
salient points in the defence filed by the co-defendant as it relates to
ownership of the land in dispute and counterclaimed for <o:p></o:p>i. A declaration that
co-defendant's father MOUSBAH CAPTAN is the owner of all that piece and/or
parcel of land situate, lying and being at Christiansburg, Osu Accra and more
particularly described in a schedule hereunder and registered as DEEDS REGISTRY
NO.324/1948. <o:p></o:p>ii. DAMAGES FOR TRESPASS. <o:p></o:p>iii. Perpetual Injunctions
restraining the plaintiff by himself personal representatives agents assigns
privies, workmen and servants from interfering dealing with or having anything
to do in any manner howsoever with the land the subject matter of this suit. <o:p></o:p>(He attached a schedule that gave the location,
description and dimension of the land he was counterclaiming) <o:p></o:p>The
case for the plaintiff was simple. He acquired the land in dispute from NANA
SAM BREW BUTLER who gave evidence for him as P.W1. This was evidenced by a deed
of conveyance dated 1/2/99 which said conveyance was stamped and registered
with Land Registry No.281/2001. His grantor, P.W.1 had acquired this plot from
one ALBERT KWEI BOTCHWAY evidenced by a deed of conveyance dated 30/4/97.
Albert Kwei Botchway had himself acquired title through a deed of gift dated
2/2/74 which had been registered as Land Registry No.2364/81. The donor in that
transaction was DOCEA CLARA MAJORIE BOTCHWAY. She in turn had acquired her
interest through a deed of gift dated 28/4/57 given by FESTUS ALBERT HIEL ADJEI
BOTCHWAY. This had also been registered as NO.574/1957. <o:p></o:p>All
the documents on the transactions were tendered at the trial. <o:p></o:p>