STELLA GAITU (PLAINTIFF/APPELLANT) vs. MARK BUKU (DEFENDANTS/RESPS/RESPONDENTS) PATIENCE AKU BARNOR (APPLICANT/RESPONDENT) [2019]DLCA7806

STELLA GAITU (PLAINTIFF/APPELLANT) vs. MARK BUKU (DEFENDANTS/RESPS/RESPONDENTS)... [2019]DLCA7806

Date	2019-05-30
Suit No.	CIVIL APPEAL NO.: H1/134/2018
Citation No.	[2019]DLCA7806

DENNIS ADJEI JA (PRESIDING)

B. F. ACKAH-YENSU JA

POKU-ACHEAMPONG JA

[2019]DLCA7806
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													<main id="main" class="content" style="min-height: 60rem" >STELLA GAITU<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p><span lang="EN-GB" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">vs.<o:p></o:p>MARK BUKU<o:p></o:p>(DEFENDANTS/RESPS/RESPONDENTS)<o:p></o:p>PATIENCE AKU BARNOR<o:p></o:p>(APPLICANT/RESPONDENT)<o:p></o:p><o:p>&nbsp;</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:0cm 0cm 1.0pt 0cm">

CIVIL
APPEAL NO.: H1/134/2018&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 30TH
MAY, 2019<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;
padding:0cm 0cm 1.0pt 0cm">

DENNIS
ADJEI JA (PRESIDING), B. F. ACKAH-YENSU JA, POKU-ACHEAMPONG JA<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>ACKAH-YENSU, JA<o:p></o:p>In
view of the nature of the issues arising from this action, we deem it pertinent
to go into the history in its entirety.&nbsp;
The facts of the case are as follows:<o:p></o:p><o:p>&nbsp;</o:p>On
29th April 2014, the Plaintiff/Appellant issued a writ against the
Defendant for, inter alia, an order
for the possession of a residential property, subject matter of the suit.&nbsp; According to the Plaintiff/Appellant, she
purchased the said property from one Isabella Effon, a Ghanaian resident in the
United States of America, at a purchase price of GH¢320,000.00, and the vendor
issued her with a receipt.&nbsp; Isabella
Effon had earlier on purchased the property from the Defendant and the
Defendant had executed a Deed of Assignment in favour of Isabella Effon.&nbsp; Isabella Effon also executed a Deed of
Assignment conveying the property in favour of the Plaintiff/Appellant and
handed over the said Deed together with the earlier Deed by the Defendant to
Plaintiff/Appellant.<o:p></o:p><o:p>&nbsp;</o:p>Subsequent
to these transactions, the Plaintiff/Appellant informed the Defendant by a
formal letter dated 27th February, 2014 that the property had been
sold to her by Isabella Effon hence the Defendant should yield vacant
possession to her.&nbsp; The Defendant pleaded
with her for time and subsequently promised that he would yield vacant
possession of the property on or before 18th April, 2014.&nbsp; The Defendant however failed to vacate the
property and Plaintiff/Appellant issued the writ against the Defendant. &nbsp;Defendant entered appearance and subsequently
filed his Statement of Defence in which he admitted virtually all the averments
in the Statement of Claim.&nbsp; He admitted
selling the property to Isabella Effon in 2012.&nbsp;
He also stated that Isabella Effon had informed him that she had sold
and transferred the property to the Plaintiff/Appellant.&nbsp; He prayed for further time to put his new
home into a habitable state.<o:p></o:p><o:p>&nbsp;</o:p>On
16th June, 2014, Learned Counsel for the Plaintiff/Appellant moved
the Court to enter Judgment on Admission against the Defendant, arguing that
the Defendant had admitted in his Statement of Defence that the disputed
property belonged to the Plaintiff/Appellant and there was therefore no issue
to be determined by the Court.&nbsp; The High
Court on 25th June, 2014 accordingly entered Judgment for the
Plaintiff/Appellant for all the reliefs endorsed on the writ of summons.<o:p></o:p><o:p>&nbsp;</o:p>After
the Judgment, Plaintiff/Appellant filed for Entry of Judgment and further for
leave for Writ of Possession to issue.&nbsp;
The High Court, directed that the application be brought on notice.&nbsp; Plaintiff/Appellant consequently applied for
leave on notice to issue Writ of Possession, which was granted.&nbsp; A Writ of Possession on the Judgment Debtor
was subsequently issued on 30th July, 2014.<o:p></o:p><o:p>&nbsp;</o:p>It
was after all these processes had been completed that the Applicant herein
emerged.&nbsp; By a motion moved on 16th
October, 2014, Counsel for the Applicant/Respondent invited the High Court to
set aside the Judgment in favour of the Plaintiff/Appellant on the grounds that
the Applicant/Respondent was the lawful spouse of the Defendant and that she
had been evicted from property that was jointly owned by her and her husband by
Officers of the Court assisted by Police Officers.&nbsp; That, the said property was the subject
matter of matrimonial cause before the High Court, filed on 25th
March, 2014.<o:p></o:p>