MRS. JOYCE OSEI AKOTO vs. ALEX ANOKYE [2010]DLHC8203

Date	2010-10-20
Suit No.	SUIT NO. E1/40/05
Citation No.	[2010]DLHC8203

HIS LORDSHIP JUSTICE JACOB B. BOON

KWABENA POKU MENSAH HOLDING THE BRIEF OF KWASI AFRIFA FOR THE PLAINTIFF

J. K. BEMPAH FOR THE DEFENDANT

[2010]DLHC8203
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													<main id="main" class="content" style="min-height: 60rem" >MRS. JOYCE
OSEI AKOTO<o:p></o:p>vs.<o:p></o:p>ALEX ANOKYE<o:p></o:p>[HIGH COURT,
KUMASI]<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. E1/40/05&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: 20TH OCTOBER, 2010<o:p></o:p>

</div>COUNSEL:<o:p></o:p>KWABENA
POKU MENSAH HOLDING THE BRIEF OF KWASI AFRIFA FOR THE PLAINTIFF<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">

J.
K. BEMPAH FOR THE DEFENDANT<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;
padding:0cm 0cm 1.0pt 0cm">

HIS LORDSHIP JUSTICE JACOB B. BOON<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>In this action the plaintiff seeks a declaration that a
parcel of land situated at New Road, Suame, Kumasi is her property by purchase.
She also seeks a declaration that it was illegal and unlawful for the defendant
to have used the Ghana Police Service to harass and intimidate her in an
attempt to recover the said land. Finally, she sought an order of injunction to
restrain the defendant and any other person claiming through him from
interfering with her title to the land.<o:p></o:p><o:p>&nbsp;</o:p>The plaintiff asserted in her pleadings that in July,
1977, she acquired the disputed land by outright purchase from one Daniel K.
Odum and his mother, both acting as agents of the defendant, who presumably
owned the land. According to her she was made to understand that the defendant had
ran into a difficulty and was in jail in Holland, and he had authorized them to
dispose of the land together with whatever structure that was on it. It is also
her case that she was not initially interested in purchasing the property as
the selling price quoted was rather on the high side as compared with the
prices of similar properties within the same vicinity. However, because of the
pleas of Odum and his mother, she eventually gave in and they agreed on a price
of GH¢ 510.00 which was paid and duly receipted. After the conclusion of the
transaction, plaintiff said she erected a store on it and carried on her
business of selling vehicle spare parts in it without any let or hindrance from
the defendant or any other person. She averred that her peaceful enjoyment of
the property continued till August, 2004 when the defendant filed a report of
stealing the land against her at Kumasi Central Police Station. When she
reported to the police, according to her, she was prevailed upon to give some more
money to the defendant, but she resisted it because in her opinion, the
transaction was long concluded. Instead, she instructed her solicitors to
institute the instant action. She asserted that inspite of the defendant and
the police being aware of the pendency of the writ, she was nonetheless
processed for court, charged with two counts of being on premises for unlawful
purpose and causing unlawful damage contrary to sections 155 and 172 respectively
of the Criminal Offences Act, 1960 (Act 29). However, the criminal action was
discontinued paving the way for hearing of the instant suit.<o:p></o:p><o:p>&nbsp;</o:p>The defendant, on the other hand, denied ever authorizing
Odum, who is his younger brother and his mother to sell the disputed property.
He also denied being in jail in Holland, and further asserted that he was
living in Canada, and not Holland. He asserted that his younger brother took
advantage of his absence from Ghana and fraudulently sold the land to the
plaintiff without the knowledge of their mother. It is also his case that Odum
has since fled the country and is living in South Africa. Indeed, the defendant
pleaded that when he got to know of the presence of plaintiff on the land he
instructed his solicitor who wrote a letter dated 3/08/04, to the plaintiff,
advising her to settle with him, failing which he would institute appropriate
legal action against her. He asserted that this warning was ignored resulting
in the report he made to the police for which the plaintiff was arraigned
before a Kumasi Circuit Court. In short, the case of the defendant is that the
sale of the land to the plaintiff was without his knowledge and consent,
neither was his mother, who was his only witness at the trial, aware of any
such transaction.&nbsp; He claimed that the
transaction was a fraudulent deal between his younger brother and the
plaintiff. He therefore filed a counter-claim for declaration of ownership and
recovery of possession of the land, injunction to restrain the plaintiff and,
damages for trespass.<o:p></o:p><o:p>&nbsp;</o:p>A number of issues were settled for trial. These include
the following:<o:p></o:p><o:p>&nbsp;</o:p>(1)
Whether or not defendant authorized Odum and his mother to sell the land.<o:p></o:p>(2) Whether the transaction
was tainted with fraud; and<o:p></o:p>(3)
Whether or not the defendant is entitled to his counter-claim. <o:p></o:p>