ELIZABETH ADAMS (PLAINTIFF) vs. APOSTLE SOLOMON SARFO KUSI (DEFENDANT) [2011]DLHC7491

Date	2011-05-03
Suit No.	SUIT NO. BMISC.158/2011
Citation No.	[2011]DLHC7491

HIS LORDSHIP MR. JUSTICE K. AMISSAH KOOMSON.

NATHAN YARNEY FOR PLAINTIFF.

UCHE NWOSU FOR DEFENDANT.

[2011]DLHC7491
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													<main id="main" class="content" style="min-height: 60rem" >ELIZABETH ADAMS<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>APOSTLE SOLOMON SARFO KUSI<o:p></o:p>(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. BMISC.158/2011&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: 3RD
MAY, 2011<o:p></o:p>

</div>COUNSEL:<o:p></o:p>NATHAN YARNEY FOR PLAINTIFF.
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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UCHE
NWOSU FOR 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;
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</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>By
Court:<o:p></o:p>The
defendants have been served with Hearing Notice. There is no reason for their
absence; it will proceed to hear the Plaintiff. <o:p></o:p>Plaintiff
Opens: SOB in Ga. <o:p></o:p>Elizabeth
Adams. I live at East Legon. I am a petty trader. I know defendant. I was in
the house when he brought an agent. I have a piece of land at A Lang, Santa
Maria. Defendant said he wanted to construct a wooden structure on it for his
church. <o:p></o:p>I
told him I wanted to develop the land. He pleaded with me. I obliged to give it
to him temporary for 11/2 years. He agreed. This was put into writing. I have
the document which I wanted to tender it in evidence. Tendered and marked
Exhibit A and Al. <o:p></o:p>Witness
continues. <o:p></o:p>In
Exhibit A Elizabeth Koshie Lamptey is myself. After Exhibit A defendant
constructed the wooden structure. The wooden structure is no more there. There
is now a sandcrete structure. I did not permit that since I saw it. I have gone
to the land but not seen him. On one occasion I saw him. I confronted him and
told him to remove the structure. He did not comply. I went to see my lawyer
Okaidja Adamafio who wrote to the defendant. I have in my hand my copy of the
said letter. Letter tendered and marked Exhibit B. I delivered the letter
personally to the defendant. He did not respond to the letter. After 6 months
information I went on the land and found the building still standing. <o:p></o:p>Later
defendant came to my house with a policeman. Policeman said he has come to
deliver a letter to me from Rent Control. I have the document which I wish to
tender — Exhibit "C" "C1". <o:p></o:p>In
Exhibit C defendant accuses me of inducing him to quit premises he has rented.
I only told him to quit. I went to Rent Control. At rent Control defendant
pleaded that I sell the land to him. That the government should assist him so
that I sell the land to him. I handed over Exhibit A to the Rent Officer for
his scrutiny. I also added Exhibit B. The Rent Officer dismissed us. I was not
made to testify. <o:p></o:p>Defendant
did not move the structure. It's not true defendant signed a yearly tenancy
with me. I gave him only 11/2 years. <o:p></o:p>Paragraph
5 of Statement of Defence is denied. I did not encourage him to put up the
structure. <o:p></o:p>I am
Miss Koshie Lamptey but Mrs. Adams is on Summons from Rent Control. I want
Court to order defendant to go and demolish the building. <o:p></o:p>By
Court: <o:p></o:p>

Suit
is adjourned to 20/4/11 for defendant to cross examine the Plaintiff. Hearing
Notice to be served on defendant.<o:p></o:p></main>