THOEDOCIA OFOSUvs. TEMA DEVELOPMENT CORP. AND KWADWO PERPRAH [2014]DLCA4688

Date	2014-12-18
Suit No.	SUIT NO: H1/25/2008
Citation No.	[2014]DLCA4688

ABBAN J.A. (PRESIDING)

ACQUAYE J.A. SOWAH J.A.

MR. KWAME AYEH FOR 2ND APPELLANT

MR. RAY KAKRABA QUASHIE FOR RESPONDENT

[2014]DLCA4688
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >THOEDOCIA OFOSU<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>TEMA DEVELOPMENT CORP. AND KWADWO PERPRAH<o:p></o:p>(1ST
AND 2ND DEFENDANT/APPELLANT)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

SUIT NO: H1/25/2008&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;18TH
DECEMBER, 2014<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR. KWAME AYEH FOR 2ND APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</div>CORAM:<o:p></o:p>ABBAN
J.A. (PRESIDING), ACQUAYE J.A.&nbsp; SOWAH
J.A.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;tab-stops:63.75pt center 3.25in;border:none;mso-border-top-alt:
solid windowtext 1.5pt;mso-border-bottom-alt:solid windowtext 1.5pt;padding:
0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>SOWAH,
J.A:<o:p></o:p><o:p>&nbsp;</o:p>This is an appeal from the
judgment of the High Court, Tema dated 11th June 2007. <o:p></o:p><o:p>&nbsp;</o:p>The facts of the case as
averred by the plaintiff/respondent in her statement of claim were that she had
applied to the 1st defendant for a house, had been allocated House No. J49
Community 11, had paid for the house in 1978 and had been given the keys to the
house upon completion. She moved in but her children were forcibly driven out of
the property by members of the Workers Defence Committee in 1983 and the 2nd
defendant moved in. That all her efforts to obtain vacant possession had failed
hence on 25th February 1993 she issued a writ of summons claiming
against the defendants for:<o:p></o:p>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Recovery of property No. J.49 Community 11,
Tema or in the alternative recovery of the value of the said property as at
today’s open market value of the property as at the date of judgment.<o:p></o:p>ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
General damages for loss of use and
unlawful occupation of property No. J.49 Community 11, Tema.<o:p></o:p>iii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Substantial loss.<o:p></o:p>In
its statement of defence, the 1st defendant Tema Development Corporation [TDC]
admitted that the plaintiff had paid for House No. C11 J49 and had been given
the keys to the house and vacant possession therefore the Corporation had
discharged its obligation towards her. The 1st defendant further averred that
after giving vacant possession to the plaintiff, it had received directives
from the Ministry of Works and Housing to offer the house to A. K. Peprah and
on that basis the 2nd defendant’s tenancy was regularized. According to the 1st
defendant, it had no knowledge of what transpired at the Ministry or the reason
for the directive so those subsequent issues should be sorted out between the
plaintiff and the 2nd defendant.<o:p></o:p>On
his part, the 2nd defendant in his amended statement of defence filed on 23rd
January 2006 [which was wrongly titled “Reply to Amended statement of claim”],
averred that the house was offered to him by the National Defence Committee,
and at the time he &nbsp;moved into the house
in October 1983 it was not occupied. He asserted that he was legally allocated
the house under the PNDC Laws at the time. Subsequently in 1988, the 1st
defendant allocated the house to him upon a directive of the Ministry of Works
and Housing and later still offered the house to him for outright purchase. He
accepted the offer and is now the absolute owner of the property. He
counterclaimed for:<o:p></o:p>