NII ODARTEI LAMPTEY vs. NII ODARTEY LAMPTEY [2009]DLHC4191

Date	2009-05-11
Suit No.	SUIT NO. BC 243/2008
Citation No.	[2009]DLHC4191

HIS LORDSHIP P. BRIGHT MENSAH ESQ

EDDIE YAO HARVEY FOR THE PLAINTIFF

OPARE DANSO FOR THE DEFENDANT

[2009]DLHC4191
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													<main id="main" class="content" style="min-height: 60rem" >NII ODARTEI LAMPTEY<o:p></o:p>vs.<o:p></o:p>NII ODARTEY LAMPTEY<o:p></o:p>[HIGH
COURT (FINANCIAL DIVISION ONE), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO. BC 243/2008&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: 11TH MAY, 2009<o:p></o:p>

</div>COUNSEL:<o:p></o:p>EDDIE
YAO HARVEY FOR THE PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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OPARE
DANSO FOR THE DEFENDANT<o:p></o:p>

</div>CORAM:<o:p></o:p>HIS
LORDSHIP P. BRIGHT MENSAH, ESQ<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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</div>On
the 26th day of February, 2008 Nii Odartei Lamptey caused to be issued out of
this registry, a Writ of Summons against his brother, Nii Odartey Lamptey with
the reliefs endorsed on the writ specified here below:<o:p></o:p>a)
An order of Perpetual Injunction restraining the defendant, his agents, servantsor
assigns from selling or ejecting the Plaintiff from the said premises until
Defendant pays to Plaintiff all monies personally spent by Plaintiff on the
said house.<o:p></o:p>b)&nbsp;&nbsp; Recovery of an amount of One Hundred and Six
Million Cedis or Ten Thousand Six Hundred Gh Cedi being the total amount<o:p></o:p>Plaintiff
spent on repairs and renovations on the purchased house till date.<o:p></o:p>c)&nbsp;&nbsp;&nbsp; Interest on the said sum being claimed at
the prevailing bank rate.<o:p></o:p>d)&nbsp; Costs.<o:p></o:p>It
is of interest that though the defendant entered a conditional appearance to
the Writ he chose to file a defence to the claim regardless and counterclaimed
for:<o:p></o:p>a)&nbsp;&nbsp;&nbsp; An order for the ejection of the Plaintiff
from the defendant’s house.<o:p></o:p>b)&nbsp;&nbsp;&nbsp; Costs.<o:p></o:p>c)&nbsp;&nbsp;&nbsp; Any further orders as this honourable court
may deem fit.<o:p></o:p>At
the close of the pleadings the Issues which were set down for determination as
contained in the Application for Directions filed by the Plaintiff on the 10th
of June, 2008 were as follows:-<o:p></o:p>1)&nbsp;&nbsp;&nbsp; Whether or not the defendant gifted the
house being the subject matter of this suit to their mother prior to her death.<o:p></o:p>2)&nbsp;&nbsp;&nbsp; Whether or not the house purchased by the
defendant had several deficiencies at the time of purchase.<o:p></o:p>3)&nbsp;&nbsp;&nbsp; Whether or not Plaintiff invested his own
monies to make the house habitable for the whole family to live in.<o:p></o:p>4)&nbsp;&nbsp;&nbsp; Whether or not the defendant was privy and
or consented to any renovations of the said house.<o:p></o:p>5)&nbsp;&nbsp;&nbsp; Whether or not defendant owes Plaintiff for
monies spent on the said alterations and renovations carried out on the said
property.<o:p></o:p>By
reason of the counterclaim by the defendant there is yet this other Issue as to
whether the defendant is entitled to recovery of possession.<o:p></o:p>The
good old book, the Holy Bible in Psalm 133 describes brothers living in harmony
as wonderful and pleasant, for harmony is as precious as the fragrant anointing
oil that was poured over Aaron’s head that ran down his beard and onto the
border of his robe. (Reference: Life Application Study Bible). Additionally, it
is the commandment of the Holy Book that as much as possible we should live in
peace with all men.&nbsp; This edict is in
accord with our statute law empowering the courts to promote reconciliation in
certain cases where possible.&nbsp; It is
provided in S. 72(1) of the Courts Act, 1993 (Act 459) as amended that any
court with civil jurisdiction and its officers shall promote reconciliation,
encourage and facilitate the settlement of disputes in an amicable manner
between and among persons over whom the court has jurisdiction.<o:p></o:p>By
reason of this provision of the law vested in me, I recall that before hearing
of this case commenced I urged on the parties to attempt settling the matter
out of court, given the fact that both of them are uterine brothers.&nbsp;&nbsp; It is with huge regret that the parties &nbsp;found no reason with it and were unable to
reach any compromise.&nbsp; I have ever since
I came to consider my judgment agonized deeply over what shall be the end
result of this case as regards the consequences it shall bring to bear on the
relationship of the parties.&nbsp; But I have
that painful duty though, to call a spade, a spade regardless of the where the
pendulum will swing.&nbsp; It is obvious,
however, that unless circumstances change for the better subsequently, the
parties shall never enjoy the best of brotherliness again.&nbsp; This is because, as I told them from the
beginning, this is not a football match between Fabulous Asante Kotoko and the
Glorious Accra Hearts of Oak with the probability that it may end in a
draw.&nbsp; In a court of law the end result
of a case is invariably almost always certain; one of the parties shall win
whilst the other shall lose.&nbsp; There is no
middle line.&nbsp; That is why the lawmaker in
his wisdom has cre</main>