MARY BAH & 36 ORS. vs. JIM WALTER FORSTER & 3 ORS [2018]DLHC3344

Date	2018-06-22
Suit No.	CIVIL APPEAL NO.CM/00210/2016
Citation No.	[2018]DLHC3344

SAMUEL K. A. ASIEDU JUSTICE OF THE HIGH COURT

D.K. SOKPOR ESQ. FOR PLAINTIFF

VIDA ODORKOR ESQ. FOR CLAIMANT

[2018]DLHC3344
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													<main id="main" class="content" style="min-height: 60rem" >MARY BAH &amp; 36 ORS.<o:p></o:p>vs.<o:p></o:p>JIM WALTER FORSTER &amp;
3 ORS<o:p></o:p>&nbsp;[HIGH COURT (COMMERCIAL DIVISION), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL APPEAL NO.CM/00210/2016&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 22ND
JUNE, 2018<o:p></o:p>

</div>COUNSEL:<o:p></o:p>D.K. SOKPOR ESQ., FOR PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGEMENT<o:p></o:p>

</div><o:p>&nbsp;</o:p>Sometime
ago the plaintiff/judgment/creditors in this matter obtained judgment to
recover various sums of money from the defendants together with interest. In
order to execute the said judgment, the plaintiffs attached the land in
question in order to sell so they could use the proceeds to pay part of the
judgment debt.<o:p></o:p>Following
the said attachment, the claimant, Benedict Kwaku Chuku Kofitse, filed a Notice
of Claim by which he laid claim to all that piece or parcel of Land in extent
0.080 of an acre (0.030 hectare) more or less being a small portion of parcel
No. 5 Block 11 Section 132 and Registered at the Land Title Registry
Victoriaborg Accra with Land Title Certificate Number GA 42288, Volume 59,
Folio 431, situate at Adenta Housing Estate (Adenta –Frafraha&nbsp; Nii Okpoti Adjei Komey Street) in the Greater
Accra Region of the Republic of Ghana. &nbsp;&nbsp;The Registrar of the court therefore sought
leave of the court to invite the parties to appear before the court in order
that the dispute between them may be resolved following the plaintiffs’ dispute
of the claim filed by the claimant.<o:p></o:p>The
claimant, at the trial, gave evidence through an attorney, one Prosper Kosi
Dadugblor, who tendered in evidence exhibit A, the Power of Attorney donated by Benedict Kwaku Chuku Kofitse and then called
witnesses to support his claim after which the plaintiff gave evidence through
the 1st plaintiff and closed their case. The main issue before the
court was whether or not the land in question is the property of the defendant/
judgment /debtors or the property of the claimant.<o:p></o:p>From
the evidence on record the court finds that the land in question was originally
owned by one Brilliant Dodzi Yaw Bonsi as shown by exhibit D, a Land Title
Certificate issued on the 26th September 2013, in favour of the said
Brilliant Dodzi Yaw Bonsi. Again from the evidence on record the
plaintiffs/judgment/creditors never disputed the fact that the land in question
was originally owned by Brilliant Dodzi Yaw Bonsi. The 1st plaintiff
even made admission to the effect that the land was originally owned by
Brilliant Dodzi Yaw Bonsi. <o:p></o:p>The
court also finds that on the 1st February 2016, Brilliant Dodzi Yaw
Bonsi executed a Deed of Assignment bearing stamp number LVD GAST 284142017;
exhibit B herein, in which he assigned his interest in:<o:p></o:p>All
that piece or Parcel of Land situated lying and being at Adenta Housing Estate
Accra and containing an approximate area of 0.31 Acre or 0.13 Hectare more or
less and bounded &nbsp;on the North by the
property of State Housing Company Limited measuring 93.2 feet more or less on
the East by the property of State Housing the Company Limited measuring 68.5
feet, 53.6 feet and 27.5 feet more or less, on the South by a road measuring
75.9 feet, 21.6 feet and 66.1 feet more or less, on the West by the property of
State Housing Company Limited measuring 85.9 feet more or less, on the
North-West by the property of the Assignor measuring 69.3 feet, and 57.9 feet
more or less, which piece or parcel of land is more particularly delineated on
the plan attached hereto and thereon shewn Edged
PINK.&nbsp; <o:p></o:p>The
court finds that in an affidavit sworn by Brilliant Dodzi Yaw Bonsi on the 15th
September 2015, received as exhibit 1 herein, he deposed at paragraphs 6, 7 and
8 that:<o:p></o:p>6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; I
have alienated interest in the remaining portion of the land which is
approximately 0.40 Acres to Safeway Estate Limited (hereinafter referred to as
“the Company”) making her the bonafide owner of same. <o:p></o:p>7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
though all the transfer processes have been completed and registration is
underway at the Land Title Registry of the Lands Commission, the Company is yet
to be issued with a land title certificate bearing her name because of the
cumbersome nature of the procedure at the said registry.<o:p></o:p>