PATIENCE OWUSU SUING PER HER LAWFUL ATTORNEY MADAM YAA NYARKO vs. AKWASI BOYE ACHEAMPONG, NANA AGYEMAN AND MRS NANA AGYEMAN [2018]DLHC9153

PATIENCE OWUSU SUING PER HER LAWFUL ATTORNEY MADAM YAA NYARKO vs. AKWASI BOYE AC... [2018]DLHC9153

Date	2018-11-09
Suit No.	SUIT NO LD/0496/17
Citation No.	[2018]DLHC9153

HER LADYSHIP REBECCA SITTIE (MRS)

[2018]DLHC9153
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													<main id="main" class="content" style="min-height: 60rem" >PATIENCE OWUSU SUING PER
HER LAWFUL ATTORNEY MADAM YAA NYARKO<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>AKWASI BOYE ACHEAMPONG,
NANA AGYEMAN AND MRS NANA AGYEMAN<o:p></o:p>(DEFENDANTS)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH
COURT (LAND DIVISION 10), 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 LD/0496/17&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 9TH NOVEMBER, 2018<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-align:
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LADYSHIP REBECCA SITTIE (MRS)<o:p></o:p>

</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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</div><o:p>&nbsp;</o:p>Plaintiffs
claim against the Defendants is for the following reliefs:<o:p></o:p>(a)&nbsp;&nbsp;
Recovery of possession and
ejectment from House No. E3 Kwasiaman Nungua, Accra.<o:p></o:p>(b)&nbsp; Perpetual
injunction straining the 1st, 2nd and 3rd
Defendants their servants, personal representatives, workers, agents and or
assigns from further interference with Plaintiff’s quiet enjoyment of the
property in dispute.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiff
issued this Writ through her Lawful Attorney Madam Yaa Nyarko, who happens to
be Plaintiff’s mother. Plaintiff’s case is that her mother, a rich trader
acquired the land and built the house in dispute for her. Plaintiff described
the subject matter in dispute as:&nbsp; All
that land situate lying and being at Nungua- Accra bounded on the North by
Vendors land measuring 80 feet more or less on the East by Vendors land
measuring 100 feet more or less on the South by Stool land measuring 120 feet
more or less and on the West by Vendors land measuring 100 feet more or less,
covering an approximate area of 0.23 acre more or less and more particularly
delineated on the plan attached to the Indenture registered as No. 3200/1979. <o:p></o:p>Plaintiff
said they lived in the house in dispute with her father Mr George Mensah.
Plaintiff said due to misunderstanding her mother abandoned the house with her
children, leaving their father behind. Plaintiff said she relocated to the U.S in
1977and returned in 2016 and found that her father had vacated the house and
the Defendants were in occupation. Plaintiff said the Defendants could not give
her any good reasons for their presence in the house and have refused to vacate
the house despite notices to the Defendants by her Solicitor to vacate same.
Plaintiff says unless ordered by the Court, the Defendants will unlawfully
deprive her of her property.<o:p></o:p>The
Defendants filed an Appearance through Bede Tukuu Esq. from Law Albert Group
and subsequently filed a Statement of Defence. Defendants denied Plaintiff’s
claim. They said to the best of their knowledge their uncle Mr George Mensah
who put them in occupation is the owner of the house. Defendants said the
Plaintiff has been aware of their occupation and that their uncle had lawfully put
them in the house. Defendants said it was on the basis of their lawful
occupation that they ignored Plaintiff Counsel’s letter since they were not the
rightful persons to handle any issue about the ownership of the house in
dispute.<o:p></o:p>Plaintiff
in her Reply said the house was built for her by her mother and therefore Mr
George Mensah has no legal right to put Defendants in possession of the house
without her knowledge and consent. Plaintiff said if she had been aware of
Defendants presence in the house after her father had moved out, she would have
instituted an action against them. Plaintiff asserts that Defendants are
trespassers on her property and that their presence on the purported authority
of Mr Mensah is unlawful and unwarranted. Plaintiff claims that her father Mr
George Mensah cannot give what he does not have.&nbsp; Plaintiff prays the Court to grant her
reliefs for recovery of possession, ejectment and perpetual injunction against
the Defendants.<o:p></o:p>Defendants
were granted an application to join Mr George Mensah as 4th Defendant
since they claim he put the Defendants in possession of the property in dispute
on the 23rd October 2017. The Defendants failed to serve the order
of the Court on Plaintiff to amend her Writ of Summons. At the close of
pleadings the following issues were statement down for trial:<o:p></o:p>