DORA HADZOR (PLAINTIFF) vs. AHMED MOHAMMED ANOTHR (DEFENDANTS) [2012]DLHC7391

Date	2012-06-22
Suit No.	SUIT NO. L. 229/99
Citation No.	[2012]DLHC7391

HIS LORDSHIP MR. E. F. DZAKPASU (J).

DAVID ANNAN FOR THE PLAINTIFF

[2012]DLHC7391
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													<main id="main" class="content" style="min-height: 60rem" >DORA HADZOR<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>AHMED MOHAMMED ANOTHR<o:p></o:p>(DEFENDANTS)<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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</div>COUNSEL: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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DAVID ANNAN FOR THE PLAINTIFF <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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HIS LORDSHIP MR. E. F. DZAKPASU (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;
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</div>This
suit was instituted on the 7th May 1999. The Defendants entered appearance per
the Legal Consult on 26th May 2000 and filed statement of defence. On the 7th
July 2005, the Plaintiff filed Notice of Intention to Proceed. On 23rd
November, 2005 the Plaintiff filed an Amended Statement of Claim and Defendant
responded with an Amended Statement of defence filed on 21st February, 2006. On
2nd February, 2006 Defendant Counsel filed for Discovery and Inspection of
Documents. On 19 November, 2008 the Plaintiff opened her case in the absence of
the Defendants and their Counsel though duly served. On 28th April, 2009, the
Legal Consult, Solicitors for the Defendants filed Notice of withdrawal. The
Plaintiff closed her case on 19th May 2009. On the 16th June, 2009 the Legal
Consult filed Notice of (Re) Appointment of Solicitors for the Defendants. This
was followed by a series of Motions by the Defendants, prominent amongst them:—
<o:p></o:p>a)
Motion to cross-examine Plaintiff, which was subsequently struck out for want
of prosecution. <o:p></o:p>b)
Motion to re-list the motion to cross-examine Plaintiff; this was refused by
the Court as the Defendant/Applicants were out of time. <o:p></o:p>c)
Motion for leave to defend the suit; this was struck out for want of
prosecution; <o:p></o:p>d)
Motion for leave to defend action; the vacation Judge was quick to refuse the
application on the grounds that same had been dealt with by the court and the
Suit stood adjourned for Judgment. <o:p></o:p>It
is remarkable that despite hearing notices, the Defendants and their Solicitors
were habitually absent from Court resulting in their non-participation in the
trial. <o:p></o:p>The
Plaintiff traces her root of title to a Conveyance dated 25/12/61 between Nii
Noi Dowuona IV Osu Manche and her grantor Janet Ofosua. According to Plaintiff
her grantor took possession of the land conveyed to her by putting up corner
pillars and appointing a Caretaker who weeded the land and planted corn. Janet
Ofosua then conveyed the Land to the Plaintiff on 14/5/81. <o:p></o:p>In
about 1990, one Awawa Amadu, a relative of the Defendant entered the land and
started building construction without plaintiff's consent. Plaintiff said she
warned Awawa Amadu to keep off the land but the Defendant paid no heed. On 6th
day of August 1990, Plaintiff issued a writ at the High Court against the said
Awawa Amadu in Suit No. 1504/90 entitled: Dora Hadzo vrs Awawa for the
following reliefs. <o:p></o:p>A.
Declaration of title; <o:p></o:p>B.
Recovery of possession; <o:p></o:p>C.
Damages for trespass; and <o:p></o:p>D.
Perpetual Injunction. <o:p></o:p>In
that case the Court restrained both parties from entering the land and doing
any work on it. On the order of the Court the parties appeared before the Chief
Registrar of Lands who determined upon survey that Plaintiff's document and
site plan covered the land. <o:p></o:p>On
the 27th October, 1997, Plaintiff was issued a Land Title Certificate - LTC
over the subject land. Meanwhile in the course of proceedings at the Land Title
Registry, the 1st Defendant herein who is a relative of the Defendant in suit
No. 1504/90 and care-taker for Plaintiff Vendor appeared together with
Plaintiff's Vendor. It is the Plaintiff's case that she has recently discovered
that the 1st Defendant has leased the land to the 2nd Defendant who is
attempting to develop the land unless restrained by this court. Wherefore the
Plaintiff issued this Writ. <o:p></o:p>According
to defendants Amended Statement of Defence the Defendants predecessor in title,
Larugu Busanga obtained a grant of the land in dispute from Nii Saka Mamobi
family of Osu Ashante, Accra — the original owners of the Land by a deed </main>