EMELIA DZANE (PLAINTIFF) vs. EMELIA DZANE AND RITA ARTHUR (DEFENDANT) [2011]DLHC7499

Date	2011-07-15
Suit No.	SUIT NO. BFA 110/11
Citation No.	[2011]DLHC7499

HIS LORDSHIP THE HONOURABLE MR. JUSTICE KOW AMISSAH-KOOMSON

JOSEF IROKO FOR PLAINTIFF.

JOSEPH ACHEAMPONG FOR DEFENDANTS.

[2011]DLHC7499
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													<main id="main" class="content" style="min-height: 60rem" >EMELIA DZANE<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>EMELIA DZANE AND RITA ARTHUR<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH
COURT, 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. BFA 110/11&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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:
15TH JULY, 2011<o:p></o:p>

</div>COUNSEL:<o:p></o:p>JOSEF IROKO 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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JOSEPH
ACHEAMPONG FOR DEFENDANTS.<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>In
this action the Plaintiff, a retired staff of the Ghana Education Service is
claiming against the defendants jointly and severally the following reliefs:— <o:p></o:p>a)
The sum of GH¢10,000.00 and GH¢120.00 being the outstanding premium fee as well
as the yearly ground rent both of which sums have been in arrears since April
2006. <o:p></o:p>b)
Interests on the said sums at the prevailing bank interest rate from April 2006
to the date of final payment. <o:p></o:p>c)
General damages for breach of contract. <o:p></o:p>d)
Costs including counsel's fees. <o:p></o:p>The
defendants in turn counterclaim for an order directed at the Plaintiff to
facilitate the registration of the land to assure good title to them. <o:p></o:p>The
facts of the case are rather simple. By a contract of lease dated 3-4-06 the
Plaintiff leased a plot of land at Avenor in Accra to the defendants for a term
of thirty-five (35) years renewable upon terms for a further fifteen (15)
years. The Contract for the lease was tendered as Exhibit 1 by the defendants
and the lease itself as Exhibit C by the Plaintiff. The land is described in
paragraph 3 of the Statement of Claim as "all that piece or parcel of land
("the Plot") measuring 0.048 hectare (0.119 acre) more or less being
parcel No. 19 block 6 section 46 situate at Avenor in Accra as delineated on
registry map No. 04/46/88 in the Land Title Registry. Accra shown and edged on
plan No. 697/95 attached to Land Certificate No. GA 11520 with Land Register
Volume 22 Folio 66 dated 11th March, 1988". <o:p></o:p>The
parties agreed on Two Hundred Million Cedis (i.e. GH¢20,000.00) as premium or
consideration to be paid immediately after the execution of the contract and a
further One Million Two Hundred Thousand Cedis (GH¢120.00) annual ground rent
payable half yearly in advance to be reviewed every fifth year. <o:p></o:p>According
to the Plaintiff the land originally belonged to her late aunt Madam Margaret
Arday who sold it to one Nigerian Alhaji Abudu Wahabi Akibu. When the said
Alhaji Abudu Wahabi Akibu was leaving Ghana permanently for Nigeria he by a
Deed of Purchase executed on 10-7-73 sold the land to the Plaintiff (See
Exhibit B). The Plaintiff has since exercised acts of ownership over the land
without any challenge from any quarter. For instance the Plaintiff leased the
land to a certain Joyful Peace Company Limited for ten years from 24-8-92. <o:p></o:p>In
proof of her title the Plaintiff tendered Exhibit A a Land Title Certificate
covering the land dated 11-3-88. <o:p></o:p>It
would appear that when Plaintiff's lease to the Joyful Peace Company Limited
expired, she was desirous of leasing the Plot to any one who would meet her
terms. Her late son Yaw Yeboah Afari who then worked with the Ghana Civil
Aviation Authority mentioned this to Defendants" Attorney Laurencia
Agyepong also then with the GCAA who also undertook to look for prospective buyers.
The Defendants Attorney got the defendants interested in taking the lease.
Negotiations between them led to the execution of Exhibit 1 and subsequently
Exhibit C. <o:p></o:p>It
is not in dispute that the parties agreed on a GH¢20,000 premium and GH¢120.00
annual ground rent. It is also undisputed that as at 18-7-09, the defendants
had not fully discharged their obligations under the contract. They had paid
only half the premium and none of the agreed ground rent. The defendants
default caused Plaintiff to instruct her Solicitors to write to the defendants
to remind them of their obligations under the agreement. Specifically, the
Plaintiff by Exhibit D demanded from the defendants payment of the outstanding
GH¢10,000.00 premium and the outstanding yearly ground rent of GH¢120.00 from
2006 with interest. <o:p></o:p>Exhibit
E dated 10-8-09 is the defendants response to the Plaintiff's Exhibit D. In the
said Exhibit E the defendants conceded the relevant terms of the contract
regarding the GH¢20,000.00 premium and the GH¢120.00 annual ground rent. <o:p></o:p>They
admitted the outstanding premium of GH¢10,000 and by implication the unpaid
ground rent. From Exhibit E the defendants based their default on the grounds
that they executed Exhibit C on the understanding that the Plaintiff would convey
good title free from all encumbrances. She has been unable to do so. <o:p></o:p>