EKOW SACKEY (SUING FOR HIMSELF AND ON BEHALF OF HIS UTERINE SIBLINGS) (PLAINTIFF) vs. MRS. ALICE BORDOH-DADZIE (DEFENDANT) [2010]DLHC7489

EKOW SACKEY (SUING FOR HIMSELF AND ON BEHALF OF HIS UTERINE SIBLINGS) (PLAINTIF... [2010]DLHC7489

Date	2010-08-25
Suit No.	SUIT NO. E1/20/09
Citation No.	[2010]DLHC7489

HIS LORDSHIP R. B. BATU J.

KWABENA GYAMFI FOR PLAINTIFF PRESENT.

LUMOR FOR DEFENDANT ABSENT ANTHONY FORSON HOLDING BRIEF.

[2010]DLHC7489
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													<main id="main" class="content" style="min-height: 60rem" >EKOW SACKEY<o:p></o:p>(SUING FOR HIMSELF AND ON
BEHALF OF HIS UTERINE SIBLINGS)<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>MRS. ALICE BORDOH-DADZIE<o:p></o:p>(DEFENDANT)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH
COURT, SEKONDI]<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. E1/20/09&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; &nbsp; &nbsp;DATE: 25TH AUGUST, 2010<o:p></o:p>

</div>COUNSEL:<o:p></o:p>KWABENA GYAMFI FOR PLAINTIFF
PRESENT.<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">

LUMOR
FOR DEFENDANT ABSENT, ANTHONY FORSON HOLDING BRIEF. <o:p></o:p>

HIS
LORDSHIP R. B. BATU J.<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>By their writ, the
Plaintiffs’ claim against the Defendant:— <o:p></o:p>“i) A declaration that the lease
agreement between her family and that of the Plaintiff with regard to H/No.
77/1, Kintampo Road, Takoradi has been formally and properly terminated. <o:p></o:p>ii) A declaration that the Plaintiffs
being entitled to the reversionary/beneficiary interest in the disputed house,
they are the rightful owners of house Number 77/1, Kintampo Road, Takoradi. <o:p></o:p>iii) An order of perpetual injunction
restraining the defendant, her agents, assigns, privies and whatsoever like
description from interfering with the Plaintiffs’ right to possession and
enjoyment of House No. 77/1, Kintampo Road, Takoradi”. <o:p></o:p>The issues agreed upon as
helping to resolve the case are:— <o:p></o:p>“a) Whether or not the disputed house
was leased or sold outright. <o:p></o:p>b) Whether or not the defendant had any
deed executed in favour of her mother. <o:p></o:p>c) Whether or not Alice Leeward sold the
disputed house in 1971. <o:p></o:p>d) Whether or not the plaintiffs’ claim
is statute-barred <o:p></o:p>e) Whether or not the plaintiffs are
entitled to their claim”. <o:p></o:p>The facts of this case not
in dispute are these:— <o:p></o:p>By a deed of assignment
dated 17th February, 1949 (Exhibit ‘C’) one Eketsia Effa sold the unexpired
term of a lease “together with all additions thereto” for the unexpired of
twenty-five (25) years at one thousand and twenty pounds (£1,020 to Alice
Leeward. Alice Leeward is grandmother of the Plaintiff. Alice Leeward is said
to have had only one child. Isaac Sackey – the Plaintiff’s father. Alice
Leeward is said to have died in 1960 and Isaac Sackey in 1968. Plaintiff, at
the time of his father's death was six (6) years old. Plaintiff’s elder brother
Abdul Razak Sackey (P. W. 2) was eleven (11) years and his elder sister
Victoria Sackey (P. W. 3) was also eleven (11) years at the time their father
died. <o:p></o:p>The Plaintiff’s case is that
after the death of their grandmother, the property came into the possession of
their father as the only child. After their father’s death, their uncles,
taking advantage of their young ages, leased the property to the defendant’s
mother. After their father’s death, Exhibit ‘C’ came into the possession of
their mother. After their mother’s death, Exhibit ‘C’ went into the possession
of their elder sister Rebecca Smith Sackey. Rebecca Smith-Sackey is mother to
P. W. 1 Benjamin Ebo Yankolms. P. W. 1 however named his mother as Elizabeth
Sackey, elder sister of Ekow Sackey - the Plaintiff’s representative here.
Before Rebecca Smith Sackey died in 2006, she, in that same year gave the
document to Plaintiffs and told them their family leased the property to a
certain family. A search they conducted in 2007, Exhibit ‘A’ revealed that the
property is still in the grandmother’s name. By a letter from their lawyers,
Exhibit ‘B’, in 2008 they terminated the lease. <o:p></o:p>They deny that the property
came into the possession of Defendant’s mother by outright sale insisting it
was a lease. Plaintiff’s representative says the Defendant’s mother has been in
possession of the property since 1971. He denies that Alice Leeward did not
sell or lease the lease to the Defendant’s mother. He does not know if the
property was transferred to Defendant’s mother as owner. P. W. 1 also says the
lease was between his mother’s</main>