MAJOR HAROLD NATHA-AMADI vs. NANA BONSU APPOU ASYLUM DOWN PHARMACY LTD LANDS COMMISSION [2018]DLHC7550

MAJOR HAROLD NATHA-AMADI vs. NANA BONSU APPOU ASYLUM DOWN PHARMACY LTD LANDS COM... [2018]DLHC7550

Date	2018-11-29
Suit No.	SUIT NO. FAL/572/13
Citation No.	[2018]DLHC7550

JEROME NOBLE-NKRUMAH JUSTICE OF THE HIGH COURT

JOEL ANNOR-AFARI WITH ABA EWUSIE-MENSAH FOR NUTIFAFA NUTSUKPUI FOR THE PLAINTIFF - PRESENT

NOOR-DEEN SAEED WITH ABIGAIL WILLIAMS FOR THE 1ST AND 2ND DEFENDANTS – PRESENT

[2018]DLHC7550
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													<main id="main" class="content" style="min-height: 60rem" >MAJOR
HAROLD NATHA-AMADI<o:p></o:p>vs.<o:p></o:p>NANA
BONSU APPOU<o:p></o:p>ASYLUM
DOWN PHARMACY LTD<o:p></o:p>LANDS
COMMISSION<o:p></o:p>[HIGH COURT,
ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT NO.
FAL/572/13&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: 29TH NOVEMBER 2018<o:p></o:p>

</div>COUNSEL:<o:p></o:p>JOEL ANNOR-AFARI WITH ABA EWUSIE-MENSAH
FOR NUTIFAFA NUTSUKPUI FOR THE PLAINTIFF - PRESENT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

NOOR-DEEN SAEED WITH ABIGAIL WILLIAMS
FOR THE 1ST AND 2ND DEFENDANTS – PRESENT<o:p></o:p>

</div>CORAM:<o:p></o:p>JEROME
NOBLE-NKRUMAH JUSTICE OF THE HIGH COURT<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;
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<p class="MsoNormal" align="center" style="text-align:center;border:none;
mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGEMENT<o:p></o:p>

</div>Sometime in February 2006 the plaintiff
says he acquired the land in issue from one Babagana Mohamed Mongunu a former
military attaché to the Nigerian High Commission in Ghana [per his indenture
dated 1st March 2006 marked as exhibit D] for an agreed consideration
of USD32, 000.00. Plaintiff’s vendor had also acquired the land in issue from
one Dr Anku Ankrah. Plaintiff says he agreed to the purchase only after he had
satisfied himself by searches conducted on the land by his vendors grantor
dated 27th February 2003 and tendered as exhibit A and another
search also tendered and marked exhibit B all of which confirmed&nbsp; that the said parcel of land was the property
of said Dr Anku Ankrah. Further to this the plaintiff says he was further
convinced by a publication in the Daily Graphic newspaper of 30th April
2002 captioned ‘Notice: Plotting of Judgment Plan for Nuumo Nmashie Family at
the Lands Commission’ [exhibit G]<o:p></o:p>Having taken possession of this land
also sometime in 2006, the plaintiff says he caused one Charles Owusu Ofori,
whose services had been recommended to him by his vendor for the registration
of the land, to commence building a fence wall with two gates to the land.
Plaintiff says Charles Owusu Ofori begun the registration at the Lands
Commission and was issued with a Yellow Card dated 31st July 2007[exhibit
E] <o:p></o:p>Sometime in 2008 the plaintiff
continues that his attention was drawn by Charles Owusu Ofori to a publication
that the Nuumo Nmashie family of Teshie had been adjudged the owners of all
land in the area of the plaintiffs land. This publication according to the
plaintiff requested all persons who had their grants from persons other than
the family to regularize their grants with the family. Upon a further payment
of USD15,000.00 to the family, plaintiff says his grant was regularized [
exhibit H] after being shown a judgement of the High Court, Tema obtained against Dr Anku Ankrah and
declaring the Nuumo Nmashi family as owners of the land.<o:p></o:p>Again in 2010 the plaintiff says he
learnt through one Superintendent Deborah Addison Campbell that the 2nd
defendant was also laying claim to the same land relying on a leasehold from
the Nuumo Kofi Anum family of Tesa dated 5th October 2009 and also
on the basis that same had been sold to 2nd defendant by Charles
Owusu Ofori. That 2nd defendant had sold same to the 1st
defendant.<o:p></o:p>Plaintiff has consequently sued the
defendants for:<o:p></o:p>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A
declaration that the Plaintiff is the owner of all that piece and parcel of
land situate, lying and being at TESA NEAR ADJIRINGANO, ACCRA and containing
approximate area of 0.36 acres or 0.14 hectare more or less and bounded on the
North West by sub lessors land measuring 160.0 feet more or less, on the South
East by proposed road measuring 160.0feet more or less, on the West by sub
lessors land measuring 100.0 feet more or less.<o:p></o:p>ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
An
order of perpetual injunction restraining the Defendants from entering into,
interfering with Plaintiffs possession, ownership and right of enjoyment of
Plaintiffs land<o:p></o:p>