BENJAMIN KOFI ANNAN vs FUHUA ALUMINIUM AND BURGLAR PROOF [2015]DLHC16703

Date	2015-11-10
Suit No.	SUIT NO. FAL/656/2015
Citation No.	[2015]DLHC16703

HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)

A.G. BOADU

[2015]DLHC16703
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;mso-bidi-font-size:11.0pt;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">BENJAMIN KOFI ANNAN<o:p></o:p>(PLAINTIFF)<o:p></o:p><span style="font-size:12.0pt;mso-bidi-font-size:11.0pt;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><span style="font-size:12.0pt;mso-bidi-font-size:11.0pt;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">FUHUA ALUMINIUM AND BURGLAR PROOF<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH
COURT, ACCRA]<o:p></o:p>&nbsp;<div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: black; padding: 0cm 0cm 1pt;">

<a name="_heading=h.gjdgxs"></a>SUIT NO. FAL/656/2015&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:
10TH&nbsp; NOVEMBER, 2015<o:p></o:p>

A.G.
BOADU FOR PLAINTIFF<o:p></o:p>

</div>CORAM<o:p></o:p>HER LADYSHIP JUSTICE
BARBARA TETTEH-CHARWAY (MRS)<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: black; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: black; border-right: none; padding: 1pt 0cm;">

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

</div>&nbsp;The plaintiff, Benjamin
Kofi Annan, issued a writ of summons against the defendant, Fuhua Aluminium
&amp; Burglar Proof for a declaration that the defendant had trespassed on to
his land, an injunction restraining the defendant and his agents from interfering with the plaintiff’s land, damages for trespass and recovery
of possession.<o:p></o:p>&nbsp;In the accompanying statement
of claim, the plaintiff asserted
that he acquired the land in
dispute from Paul Aryeetey Tetteh, then Head of the Onamrokor Adain family
acting with the consent and concurrence of the principal elders of the said
family. He claimed that he subsequently registered his title to the land as
evidenced by Land Certificate number GA. 47198. He further claimed that the
defendant had trespassed onto his land by conducting aluminium business on
same. He therefore prayed for the reliefs endorsed on his writ of summons.<o:p></o:p>&nbsp;The defendant was served
with the writ of summons and statement of claim on 17TH June 2015
and filed an entry of appearance on 26TH June 2015. Thereafter, the
plaintiff, on 28TH July 2015, filed a motion on notice for judgment
in default of defence. The defendant was served with the
said motion on 13TH August 2015 but
failed to file an affidavit in reaction. Thus, interlocutory judgment was
entered for the plaintiff on 19TH
August 2015. Having regard to the reliefs
sought by the plaintiff,
the Registrar was ordered to fix a date
for the plaintiff to lead evidence in proof of his
claim. Subsequently, a hearing notice was served on the defendant on 5TH
November 2015. However the defendant failed to put in an appearance. In the
absence of the defendant, the plaintiff was called upon to lead evidence in
proof of his claim.<o:p></o:p>&nbsp;In his testimony, the
plaintiff stated that he was a building contractor, the defendant, on the
other hand, was a Limited Liability
Company. He stated that he sued the defendant because it had trespassed
onto his land located at Apenkwa, Tesano. He stated
that he acquired
the land in dispute from the Onamrokor
Adain family acting through its Head, who was by then called Aryeetey
Tetteh. He claimed that upon receipt of an indenture from the Onamrokor Adain
family, he proceeded to the Lands