MAC DANS vs. THOMPSON KWESI MENSAH [2017]DLHC3963

Date	2017-02-27
Suit No.	SUIT NO. BC 642/2015
Citation No.	[2017]DLHC3963

KWEKU T. ACKAAH-BOAFO

[2017]DLHC3963
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													<main id="main" class="content" style="min-height: 60rem" >MAC DANS<o:p></o:p>vs.<o:p></o:p>THOMPSON KWESI MENSAH<o:p></o:p>[HIGH
COURT (GENERAL JURISDICTION DIVISION, COURT 6), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO. BC 642/2015&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; &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: 27TH FEBRUARY,
2017.<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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</div>Introduction <o:p></o:p>[1] On the 22nd day of
June 2015, the Plaintiff caused the writ of summons accompanied by a statement
of claim to issue against the Defendant claiming the following reliefs: <o:p></o:p>i. The payment of
rent from 2000 to 2015 at a rate to be assessed by the Court and Means Profit. <o:p></o:p>ii. Recovery of parent
E.C.G meter stolen from Plaintiff’s house by the Defendant. <o:p></o:p>iii. Order to eject
defendant from the premises <o:p></o:p>iv. Cost <o:p></o:p>[2] The Defendant duly
entered appearance on July 7, 2015 and filed his statement of defence on July
17, 2015. The Plaintiff filed a reply on November 11, 2015 after which the
Defendant also filed what he called “Reply to Plaintiff’s Statement of Claim”
on December 18, 2015. The Court immediately realized that there was a problem.
This is because both parties are self-represented. The Court therefore referred
them to the Legal Aid Board for assistance. While the Defendant was willing to
be assisted, the Plaintiff was not. He said he was capable of representing
himself. I further note that Mr. Eric Opoku Brobbey subsequently entered
appearance for the Defendant however, due to some unexplained reasons after
appearing in Court once and requesting to mediate a settlement which broke down
he failed to attend Court again despite the Court’s request that he does so and
despite numerous hearing notices served on him. The Defendant also failed to
attend Court thereafter. <o:p></o:p>Plaintiff’s Claim <o:p></o:p>[3] The case of the
Plaintiff as pleaded is that he is the landlord of House Number B848/23 Fadama,
Ac and the Defendant is “an lawful occupant of an apartment in Plaintiff’s
house”. The Plaintiff claims that about the year 2000 the Defendant unlawfully
packed into another apartment in Plaintiff’ without the consent and
authorization of the Plaintiff. According to the Plaintiff that apartment was
given to one Pastor Israel and same was renovated by the Pastor. The Plaintiff
says the Defendant was ordered to give vacant possession but he refused despite
several notices served on him and he also failed to pay rent and utility
bills.&nbsp; <o:p></o:p>[4] It is also the
Plaintiff’s case that the Defendant stole the parent E.C.G meter from the said
house number B848/23 Fadama in 2008 and he lodged a complaint with the Darkuman
police who arrested the Defendant, who upon his arrest admitted the offence but
gave no tangible reason for his action. The Plaintiff testified that he
purchased the property from one Enoch Kwame Gborblesi (deceased). According to
the Plaintiff it was only an uncompleted cinder block structure on the land but
he pulled it down and completed a 3 storey building on the land. According to
the Plaintiff “I started pulling down the structure to replace it with a storey
building when the Defendant without my consent and authorization packed into
same and has since become a road block to that project”. The Plaintiff conceded
that the Defendant is a nephew of the said Enoch Kwame Gborblesi who sold the
structure on the land to him.&nbsp; <o:p></o:p>[5] The Plaintiff
further testified per the witness statement and relied on the tendered Exhibits
“A”, a Land Certificate Number GA.25331 dated December 14, 2007 from the Land
Title Registry, Exhibit “B”, a letter from Felix F. Kwabi, Barrister and
Solicitor dated 3-11-2003 and addressed to the Defendant and others to vacate
the premises House Number B.848/3 located at Fadama and Exhibit “C”, an
Indenture dated 28th July 1995 between Enoch Kwame Gborgbleshie of Accra as the
Vendor and the Plaintiff, herein as a Purchaser for his case. The Plaintiff
testified that the Defendant falsely instituted an action in the name of an
unknown administrator after the demise of his uncle but the suit was decided
against him. The Plaintiff told the Court that the Defendant has deprived him
of rental proceeds comprising monthly rent of US$100 or its cedi equivalent
from the year 2000 until now. According to the Plaintiff the total rent in
arrears based on his calculation is US$19,200. The Plaintiff also testified per
the filed witness statement and prayed the Court to make an order against the
Defendant for being liable for “escalating cost of building materials from 2000
to date: cost of cement from ¢50,000 now GH¢5.00, to cover ¢350,000 now
GH¢35,00”. I shall revisit this later because this was not pleaded. Accordingly
based on his testimony, the Plaintiff prayed the Court to make an order in his
favour.&nbsp; <o:p></o:p>&nbsp;<o:p></o:p>The Defendant’s Pleadings/Defence <o:p></o:p>[6] The Defendant in
the defence filed denied the Plaintiff’s claim and averred that the property
was for his late uncle, Kwame Enoch Gborgblesi. He averred that the Plaintiff
purchased “from the uncle who was then on his sick bed. Plaintiff did not pay
the purchase price in full before Defendant’s uncle died. The Administrator of
the estate of the deceased uncle filed writ against the Plaintiff for the
recovery of the balance of the purchase price, which suit was tried and
</main>