AFUA FREMA (SUING PER HER LAWFUL ATTORNEY YAW OPOKU) vs. AGYEMAN @ KEKE AND FRANCIS ADDAE [2015]DLCA7995

AFUA FREMA (SUING PER HER LAWFUL ATTORNEY YAW OPOKU) vs. AGYEMAN @ KEKE AND FRA... [2015]DLCA7995

Date	2015-07-02
Suit No.	CIVIL APPEAL SUIT NO: H1/97/14
Citation No.	[2015]DLCA7995

KANYOKE J.A (PRESIDING)

GYAESAYOR JA

G. TORKORNOO

(MRS.) JA

MR. DAVID VANDYCK FOR DEFENDANT/APPELLANT

MR. MIRACLE ATTACHEY FOR PLAINTIFF/RESPONDENT

[2015]DLCA7995
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													<main id="main" class="content" style="min-height: 60rem" >AFUA FREMA (SUING PER HER
LAWFUL ATTORNEY YAW OPOKU)<o:p></o:p>(PLAINTIFF/
RESPONDENT)<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p>AGYEMAN @ KEKE AND FRANCIS
ADDAE<o:p></o:p>(DEFENDANT/ APPELLANT)<o:p></o:p><o:p>&nbsp;</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:0cm 0cm 1.0pt 0cm">

CIVIL APPEAL SUIT NO: H1/97/14&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: 2ND &nbsp;JULY, 2015<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR. DAVID VANDYCK FOR DEFENDANT/APPELLANT<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">

MR. MIRACLE ATTACHEY
FOR PLAINTIFF/RESPONDENT<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;
padding:0cm 0cm 1.0pt 0cm">

KANYOKE J.A
(PRESIDING), GYAESAYOR JA, G. TORKORNOO, (MRS.) JA<o:p></o:p>

</div>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <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">

JUDGMENT<o:p></o:p>

</div>GYAESAYOR,
JA<o:p></o:p>The
plaintiff/respondent through her lawful attorney Yaw Opoku issued a writ in the
High Court, Accra on the 10th of July, 2009 claiming:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Declaration of title to all
that parcel of land lying and situate at Ofankor , Accra measuring 0.16 acres
bounded on the north by le ssor’s property measuring 100 feet more or less on
the east by a proposed road measuring 70 feet more or less on the south by
lessor’s property measuring 70 feet more or less and on the west by lessors
property measuring 70 feet more or less.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; General damages for trespass<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An order of perpetual
injunction to restrain the two defendants themselves their agents and or third
parties or privies from interfering with plaintiff’s quiet enjoyment of her
property.<o:p></o:p>This
writ was issued against the two defendants. In the accompanying statement of
claim, the plaintiff/respondent who shall simply be described as plaintiff in
this appeal has averred that she did not know the 1st defendant but
knew the 2nd defendant who had been her husband in a marriage which
had collapsed at the time the writ was issued.<o:p></o:p>According
to the plaintiff, she acquired the piece of land in the year 2003 for valuable
consideration but gave the documents to the 2nd defendant who was
then her husband to keep. Subsequent to the purchase of the land she brought
substantial amount of money to her lawful attorney who is her biological
brother to put up a four (4) bedroom structure for her. She managed to
construct the foundation to footing level but found in 2009 that someone had
gone to deposit blocks on the land. Her enquiries revealed that it was the 1st
defendant who claimed to have bought the land from the 2nd defendant
who had deposited the blocks there. She therefore issued the writ claiming that
the 2nd defendant lacked capacity to sell the land and also sought an
injunction to stop the two defendants from interfering with her rights of
ownership of the land.<o:p></o:p>The
1st defendant entered appearance to the writ and filed a statement
of defence.&nbsp; In his defence, the 1st
defendant admitted and claimed ownership of the land having bought it from 2nd
defendant at the cost of 6,000 US dollars.&nbsp;
He denied it was plaintiff who put up the foundation and that on the
contrary it was his grantor the 2nd defendant who did.&nbsp; He admitted that he put the blocks on the
land as alleged by the plaintiff.<o:p></o:p>In
her reply, plaintiff maintained that she is the owner of the land and urged
upon the court to strike out the defence since it was no def</main>