AFUA BABE (PLAINTIFF) vs. REBECCA PETTINGLE (DEFENDANT) [2012]DLHC7425

Date	2012-01-30
Suit No.	SUIT NO: BL/96/2007
Citation No.	[2012]DLHC7425

HIS LORDSHIP ALHAJ JUSTICE ABDULLAH IDDRISU

ERIC AGBOLOSO FOR THE PLAINTIFF/APPLICANT.

CLAUDE OPPON FOR ALHAJI FAROUK SEIDU FOR THE DEFENDANT/ RESPONDENT.

[2012]DLHC7425
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													<main id="main" class="content" style="min-height: 60rem" >AFUA BABE<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>REBECCA PETTINGLE<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;
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NO: BL/96/2007 &nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 30TH JANUARY 2012<o:p></o:p>

</div>COUNSEL:<o:p></o:p>ERIC
AGBOLOSO FOR THE PLAINTIFF/APPLICANT. <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CLAUDE OPPON FOR ALHAJI FAROUK SEIDU
FOR THE DEFENDANT/ RESPONDENT.<o:p></o:p>

</div>CORAM:<o:p></o:p>HIS
LORDSHIP ALHAJ JUSTICE ABDULLAH IDDRISU<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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</div>The
plaintiff's action in this case which was filed on 30th November 2006 was
brought against the defendant for: <o:p></o:p>a)
a declaration of title to all that piece or parcel of land situate lying at
Nmai-Dzorn and containing an approximate area of 0.42 or 0.17 hectare more or
less and bounded on the North East by proposed road measuring 95.0 feet more or
less and on the South-East by lessor's land measuring 185.0 feet more or less
on the South-West by proposed road measuring 100.0 feet more or less on
North-West by the Lessor's land measuring 190.0 feet more or less which said
piece of land particularly delineated on the plan attached here and therein
shown edged pink, <o:p></o:p>b)
Twenty two million cedis special damages being cost of erecting single room on
Plaintiff land and which was demolished by the Defendant. <o:p></o:p>c)
General damages for trespass <o:p></o:p>d)
Perpetual injunction restraining the Defendant, her workers, assigns, privies
or any other person or persons claiming through the Defendant. <o:p></o:p>It
is alleged by the plaintiff in her statement of claim that in the year 2002 she
purchased two plots of land from the chief of Nmai-Dzorn to build her house and
immediately upon the acquisition of the land she erected a fence wall and built
a single room on it to evidence her possession of the Land. She averred that
she was given an indenture and site plan on the land. Plaintiff states that the
defendant called her and angrily said that the land on which plaintiff had
erected her fence wall and single room was for the defendant and that she the
defendant was going to demolish them and defendant demolished the single room
on the land<o:p></o:p>Plaintiff
states that she informed her vendor who is the chief of Nmai-Dzorn who directed
one of his children to send the defendant to his house but the defendant
refused to attend to the call of the chief who sold the plot of land to her for
which reason plaintiff lodged a complaint with the Police. <o:p></o:p>Further,
Policemen the plaintiff states were dispatched to the land to take pictures but
land guards stationed on the land by the defendant rushed on her and she had to
escape to avoid being harmed by them. Plaintiff further alleged that the
defendant was on the land developing same under the supervision of her, land
guards. <o:p></o:p>The
Defendant denies the claims of the plaintiff and says in her statement of
defence that she acquired the land in dispute as far back as 1999 from the
Okpelor Sowah Din family of Nmai-Dzorn and Teshie in Accra and immediately went
into possession by erecting a knee wall around the property. <o:p></o:p>The
defendant averred that even though she acquired the land in 1999 she was made
aware that the determination of ownership of the land was pending before the
High Court so her vendors refused to formally prepare any document to evidence
the transaction for fear of being cited for contempt of Court apart from the
fact that she had not made full payment of the purchase price. Defendant says
that she took the risk to acquire the land mindful of the fact that judgment
could go against her vendor, in which case she was prepared to re-acquire same
from the eventual winner of the case. Defendant says that in 2001 she had
information that her vendors were declared owners of the land by the High Court
and she therefore approached her vendors to formalize the transaction for her
after paying all the monies she was then owing her vendors but the vendors
refused to do so because the judgment they had had been appealed against. In
2004 defendant says that she insisted that an indenture should be prepared for
her and on 24th September 2004 an indenture was executed for her on the
understanding that the document might be changed after the hearing of the
appeal, so she did not process it at the Land Commission. Defendant says that
in 2006 when she started constructing her hospital complex that the plaintiff
also started claiming the land as hers and she therefore decided to process the
document at Lands Commission. Defendant says further that she was assured by
her vendor that the land had not been given to any body and contends that the
plaintiff never acquired the land from the Chief of Nmai-Dzorn but might have
acquired it from a wrong person. <o:p></o:p>The
defendant counter claimed as follows: <o:p></o:p>