ERIC ABOAGYE vs. ASHANTI REGIONAL POURTRY & LIVESTOCK & ORS. [2016]DLHC3776

Date	2016-10-14
Suit No.	CIVIL APPEAL NO.IRL/60/10
Citation No.	[2016]DLHC3776

HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.)

YAW ACHEAMPONG BOAFO FOR THE PLAINTIFF

NANA OBIRI BOAHEN FOR THE DEFENDANTS EXCEPT THE 4TH DEFENDANT

[2016]DLHC3776
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													<main id="main" class="content" style="min-height: 60rem" ><a name="OLE_LINK1">ERIC
ABOAGYE<o:p></o:p></a>vs.<o:p></o:p>ASHANTI REGIONAL POURTRY &amp; LIVESTOCK &amp; ORS.<o:p></o:p>&nbsp;[HIGH COURT, KUMASI]<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">

CIVIL APPEAL NO.IRL/60/10&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; &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: 14TH OCTOBER, 2016<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>YAW
ACHEAMPONG BOAFO FOR THE PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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NANA OBIRI BOAHEN FOR THE DEFENDANTS EXCEPT
THE 4TH DEFENDANT<o:p></o:p>

HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.)<o:p></o:p>

JUDGEMENT<o:p></o:p>

</div>plaintiff
instituted the instant action against the 1st&nbsp; to 4th &nbsp;defendants on 10/05/2010 and on 23/02/2011,
the 5th defendant was joined to the suit by an order of this court. The
plaintiff filed an amended writ of summons and statement of claim on 28/04/2012
and further amended the same on 26/07/12.These were filed pursuant to orders of
the court dated 23/02/11 and 23/07/12 respectively.&nbsp; The reliefs sought by the plaintiff in the
(further) amended writ of summons and statement of claim are these:<o:p></o:p>a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A declaration of title to plot No. 20 Lake
Road, Adum- Kumasi<o:p></o:p>b)&nbsp;&nbsp;&nbsp;&nbsp;
An order of ejectment and recovery of
possession against the 1st , 2nd&nbsp; and 3rd &nbsp;defendants.<o:p></o:p>c)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Perpetual injunction restraining the
Defendants, their employees, agents, servants, workmen, and all those claims
through it from interfering with the plaintiff's ownership, possession and
control of the plot in dispute.<o:p></o:p>In
view of the amendment filed by the plaintiff, the 1st , 2nd
, 3rd&nbsp; and 5th defendants
also amended their statement of defence. That amended statement of defence was
filed on 25/09/12. The 4th defendant also amended its statement of defence and
filed the same on 08/08/2012. I must however point out that the said process
which sought to amend the 4th defendant's&nbsp;
statement of defence filed on 10/06/2010 was not properly headed as
such. That notwithstanding, this mere irregularity can be ignored&nbsp; and the process treated as an amended
statement of defence of the 4th defendant.<o:p></o:p>THE PLAINTIFF'S CASE<o:p></o:p>The
plaintiff's&nbsp; stated that Plot No. 20 Lake
Road, Kumasi was originally a State land acquired under the Kumasi Lands
Ordinance, Second Schedule "b" of 1943, but the Government of the
Republic of Ghana&nbsp; leased it to the Ahafo
Co-operative Union Limited for a period of twenty (20) years from 01/04/1949 to
30/03/1969. The plaintiff alleged that when the&nbsp;
said lease expired on 31/03/1969, it was not renewed and so the reversionary
interest became vested in the Lessor; and by a lease dated 18/12/09, the plot
was demised in his favour by the Government of Ghana acting per the Chairman of
the Ashanti Regional Lands Commission for a period of 50 years commencing from
01/11/2009.&nbsp; The plaintiff further
asserted that after obtaining his lease, he served notices on the 1st
, 2nd&nbsp; and 3rd &nbsp;def</main>