ZONGONAA KUNGARI AND 10 OTHERS vs. RUKAYATU USMANU [2017]DLCA4885

Date	2017-11-09
Suit No.	CIVIL APPEAL NO. H1/182/2016
Citation No.	[2017]DLCA4885

V.D. OFOE J.A. (PRESIDING)

F.G. KORBIEH J.A.

CECILIA H.SOWAH (MRS.) J.A.

BEDE TUKUU FOR THE PLAINTIFF/RESPONDENT

BAABA AUTO FOR THE DEFENDANTS/APPELLANT

[2017]DLCA4885
																																						<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" >ZONGONAA KUNGARI AND 10 OTHERS<o:p></o:p>(DEFENDANTS/APPELLANTS)<o:p></o:p>vs.<o:p></o:p>RUKAYATU USMANU<o:p></o:p>(PLAINTIFF/RESPONDENT)<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">

CIVIL
APPEAL NO. H1/182/2016&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; DATED:
9TH NOVEMBER, 2017<o:p></o:p>

</div>COUNSEL:<o:p></o:p>BEDE TUKUU FOR THE PLAINTIFF/RESPONDENT<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>V.D. OFOE J.A. (PRESIDING), F.G. KORBIEH J.A., CECILIA
H.SOWAH (MRS.) 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;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>F.G.
KORBIEH, J.A.<o:p></o:p>The plaintiff’s case against the defendants in the
trial High Court in Accra may be summarized as follows. She purchased House No.
E227/16 situate and being at Mamobi, Accra from one Hawa Awa alias Hajia Bawa
(deceased) and was given a receipt dated the 1/6/2001. She also averred that
Hawa Awu gave her a deed of assignment dated 2/4/2001 which was “duly executed”
by the Lands Commission on the 11/4/2001. The original lease on the house was executed
between Abdulai Dagati (Lessee) and Nii Notei Owu III (Lessor) and registered
at the Lands Registry with No. 4325/1985 was passed on to her by Hawa Awu. She
averred that Hawa Awu was the junior sister of Abdulai Dagati and had inherited
the property on the 23/9/1981 by virtue of a statutory declaration made by Abdulai
Dagati on the 3/1/1976. She further averred that Hawa Awu had been granted
Letters of Administration on the 6/2/1987 to administer the movable and
immovable property of Abdulai Dagati who had died without wife or child. She
further averred that Hajia Hawa Awu had been given vesting assent on the
property and that all the original documents on the property had been handed
over to her by Hajia Hawa Awu. Subsequently, Hajia Hawa Awu, through her lawful
attorney, Hajia Memona, tried to eject the 2nd to 17th
defendants from the premises, recover arrears of rent and recovery of
possession of the premises in a suit entitled:<o:p></o:p>&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;“Hajia Hawawu per Her Lawful Attorney Hajia
Memona – Versus<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Peter Serinye and 19 Others” <o:p></o:p>Later it was agreed that the 2nd to 17th
defendants should remain in possession but pay rent to the plaintiff but they
reneged on the agreement and refused to recognize the plaintiff as their
landlord. The plaintiff also averred that she had eleven children and required
all the rooms in the house to accommodate those children and herself and that
when she informed the defendants to give her vacant possession of the rooms in
the house, they refused, failed or neglected to do so. She therefore initiated
the action in the Circuit Court, Accra claiming: a) a declaration of title to
and recovery of possession of House No. E227/16, Mamobi, Accra and b) recovery
of all arrears of rent and utilities.<o:p></o:p><o:p>&nbsp;</o:p>In reaction to the plaintiff’s claim, the
defendants denied all material allegations of fact made by the plaintiff save
that 2nd to 17th defendants were tenants in the house in
question. The 1st defendant averred that he was the head of family
of the family to which Abdulai Dagati belonged to and that upon the death of
the latter he came to Accra to send the funeral of Abdulai Dagati to the North
and it was only then that he permitted Hajia Hawa Awu, being the half-sister of
Abdulai Dagati and his only relative in Accra, to give out the house on rent
for her upkeep. The 1st defendant averred further that without
reference to the family, Hajia Hawa Awu fraudulently applied for and obtained
Letters of Administration to administer the estate of Abdulai Dagati and that
the family later instituted action in court for the revocation of the L.A. and
the case was still pending in court. The 1st defendant also averred
that the plaintiff could not have been a bona fide purchaser for value without
notice as the house had been sold to Suraj Abubakar who later became the
plaintiff’s witness in the sale of the same house in dispute. &nbsp;<o:p></o:p><o:p>&nbsp;</o:p>On the basis of these averments, the case went to
trial before the trial Circuit Court in Accra who gave judgment in favour of
the plaintiff. It was that judgment that the defendants appealed against on the
following grounds:<o:p></o:p><p class="MsoListParagraphCxSpFirst" style="margin-top:0in;margin-right:0in;
margin-bottom:0in;margin-left:34.8pt;margin-bottom:.0001pt;mso-add-space:auto;
text-align:justify;text-indent:-.25in;mso-list:l0 level1 lfo1">a)&nbsp;</main>