THE REPUBLIC vs. LAND REGISTRATION DIVISION [LANDS COMMISSION] EX PARTE: DR CADMAN ATTA-MILLS FINALI LTD: INTERESTED PARTY [2019]DLHC7557

THE REPUBLIC vs. LAND REGISTRATION DIVISION [LANDS COMMISSION] EX PARTE: DR CADM... [2019]DLHC7557

Date	2019-06-06
Suit No.	SUIT NO. GJ815/2019
Citation No.	[2019]DLHC7557

JEROME NOBLE-NKRUMAH JUSTICE OF THE HIGH COURT

YONNY KOLENDI WITH EMMANUEL KOFI DARKO AND BERNARD DZINYELA FOR THE APPLICANTS

ABIGAIL TETTEH FOR THE RESPONDENT RESPONDENT

[2019]DLHC7557
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>LAND REGISTRATION DIVISION [LANDS COMMISSION]<o:p></o:p>EX PARTE: DR CADMAN ATTA-MILLS<o:p></o:p>FINALI LTD: INTERESTED PARTY<o:p></o:p>[HIGH COURT (COMMERRCIAL 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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SUIT
NO. GJ815/2019 &nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 6TH JUNE, 2019<o:p></o:p>

</div>COUNSEL:
<o:p></o:p>YONNY KOLENDI WITH EMMANUEL KOFI DARKO AND BERNARD
DZINYELA FOR THE APPLICANTS <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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ABIGAIL TETTEH FOR THE
RESPONDENT RESPONDENT<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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JEROME
NOBLE-NKRUMAH JUSTICE OF THE HIGH COURT<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>Motion for Joinder as Interested Parties to Application for Judicial
Review<o:p></o:p>On an Application for judicial review,
the applicant prays for review of the respondents [Land Registration Division
of the Lands Commission] decision withdrawing the Land Certificate of the
Applicant. Subsequent to this application the present applicants pray to be
joined as 2nd 3rd 4th and 5th
interested parties. <o:p></o:p>&nbsp;They depose in their joint affidavit in
support that they are the daughters of the late David Lamptey and beneficiaries
of his estate [particularly House No. 495/496 Vista de Mawuli, Airport Hills,
East Airport-Accra also known as Property No.495, 496 Phase 1, Airport Hills,
Accra. <o:p></o:p>They say the subject matter of the Land
Title Certificate was acquired by their father sometime in 2010 from Patricia
Imbeah-Bekele who was a sub lessor of the 1st Interested
Party/Respondent the holder of land title certificate No. GA11839.<o:p></o:p>The applicants go on further that upon
their late father’s purchase of the property the 1st interested
Party was notified by Patricia Imbeah-Bekele pursuant to covenants of her
sublease, with a request for title in the property to be duly transferred to
their father. Subsequent to this the applicants say their father took
possession and commissioned extensive renovations and refurbishments amongst
others. That aside being a businessman their father, the applicants say, was
politician too and had earned the confidence and friendship of the late
President Professor John Evans Atta-Mills.&nbsp;
The two according to the applicants held meetings in the property in
issue and on some occasions the Applicant Respondent accompanied the President
and based on this their father provided Applicant Respondents name to the 1st
Interested Party for the issue of a Guest Pass as the property was within a
gated estate.<o:p></o:p>Going further the applicants say upon a
settlement being reached regarding their late father’s estate the subject
matter&nbsp; of the land title certificate in
issue was settled on them and then it came to their attention that the
Applicant Respondent had set up some sort of temporary residence in the
property subject matter of the land tittle certificate in issue. That upon
being asked to vacate by their lawyers and giving the impression that he will
vacate, the Applicant has now turned around to assert a claim that their father
had gifted the property to him. Based on the foregoing the applicants pray to
be joined to this suit. &nbsp;<o:p></o:p>It has been urged on this court that
any determination by this court on the propriety or otherwise of the cancellation
of the Applicant respondents Certificate No.GA55752 will directly affect the Applicants
rights in Certificate No. GA 11839. That it is necessary and proper in the
interest of justice that they be heard in any proceedings challenging the
propriety of the process or the procedure adopted by the Respondent Registry.
Urging on this court to adopt a wider approach to the issue of joinder so that
all matters in controversy are completely and effectually determined once and
for all, counsel for the applicant has relied on the cases of Sam No.1 v the
Attorney General 2000 SCGLR 102 @762<o:p></o:p>Ekwam v Pianim (No.2) and others
1996-97] SCGLR @ 118<o:p></o:p>Ago Sai &amp; Others v Kpobi Tetteh
Tsuru III [2010] 762<o:p></o:p>Tsatsu Tsikata v the Republic [2007-08]
SCGLR 702 @ 712<o:p></o:p>