HAJIA HABIBA OSMAN vs. SADIA SEIDU [2019]DLHC8174

Date	2019-02-14
Suit No.	SUIT NO. C1/O7 2014
Citation No.	[2019]DLHC8174

HIS LORDSHIP JUSTICE JACOB B. BOON JUSTICE OF THE HIGH COURT.

ROBERT TATER FOR THE PLAINTIFF.

LAWAL TAHIRU FOR THE DEFENDANT.

[2019]DLHC8174
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													<main id="main" class="content" style="min-height: 60rem" >HAJIA HABIBA OSMAN<o:p></o:p>vs.<o:p></o:p>SADIA SEIDU<o:p></o:p>[HIGH COURT,
BOLGATANGA]<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. C1/O7 2014&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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:
14TH FEBRUARY, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>ROBERT
TATER FOR THE PLAINTIFF. <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">

LAWAL
TAHIRU FOR THE DEFENDANT.<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">

HIS
LORDSHIP JUSTICE JACOB B. BOON 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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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>The plaintiff is a trader of Asanga in
Bawku, and issued the instant writ on 12th March 2013, claiming, inter alia,
declaration of title to House Number B. 85, renumbered as number B. 311,
Daduri/Bawku, on the basis that it is the self acquired and bona fide property
of her deceased father, Salifu Moshie. It is her case that her father died
intestate and upon his death, the house devolved unto her as his only surviving
child. Leading evidence pertaining to how her father acquired the disputed
house, she said:<o:p></o:p>&nbsp;“He
went and greeted a chief called Wonaaba Akologo and he gave him the plot.&nbsp; He is chief of Azanga.&nbsp; He is dead now.&nbsp; When he acquired the plot he put up three
huts on it.&nbsp; He roofed them with
thatch.&nbsp; He lived in them and decided to
go down south intending to return and put up five rooms on it. (They were mud
rooms). After the five rooms he invited his elder brother’s daughter called
Amshetu to take care of the house whilst he went back to Apupuah and brought
zinc and wood and roofed the rooms.&nbsp; He
came to Apupuah and brought us home because we were born there. We lived in
that house with him.&nbsp; He died shortly
when we came home. We lived with our mother, and anytime we had visitors they
lodged in the house. The visitors used to have petty quarrels, so my mother
moved out and put up her own house.&nbsp; I
was then a child.&nbsp; I went with my
mother.” <o:p></o:p>It is her case that when her deceased
father put up the three rooms, he lived in them with his brother called Mumuni
but both of them travelled to Apupua in the Ashanti Region to trade, and as
stated, the house was left in the care of Amshetu, and upon the death of her
father, she and her &nbsp;deceased elder
brother called Salifu Mohammed, requested to be given the documents covering
the house when they were told by the defendant and some other persons, including
one Ajaato, claiming to be a family member, that the house belongs to the defendant.
Ajaato was called by the defendant as her only witness at the trial, and was
referred to by the defendant as her uncle. <o:p></o:p>Per her amended statement of defence
and counterclaim of 21st December, 2015, the defendant set up a case
that the disputed property was put up by her grandfather, Mumuni Moshie, who allegedly
acquired the plot of land on or around 1948, sought permission from the then
Mamprugu Nayiri Administration and built the house. Plaintiff referred to
Mumuni Moshie, the grandfather of defendant as the brother to her deceased
father who lived in the disputed house with her father when her father
originally put up three rooms on the plot and thereafter he travelled to Apupua
and left the house in the care of Amshetu, the eldest daughter of Mumuni.<o:p></o:p>Be that as it may plaintiff, insisted
that the documents to the disputed house had been in the name of her deceased
father, Salifu Moshie, as owner of the property and he paid all relevant fees
and rates in respect of the house to the then Bawku Town Council.<o:p></o:p>It is the further case of the plaintiff
that her father never sold nor assigned the house to anyone in his
lifetime.&nbsp; She said not withstanding that
her father died as owner of the house, she and her late brother discovered
after enquiries at the Bawku East District Assembly that defendant had
fraudulently caused the name of their father to be cancelled in the records of
the Assembly and the name of defendant inserted for which reason they objected
to the cancelation but as the matter could not be resolved after the
intervention of Bawku Naba, and the Moshie chief in Bawku, she mounted the
instant action claiming the reliefs endorsed in the writ of summons as
follows:-<o:p></o:p><p class="MsoListParagraphCxSpFirst" style="margin-top:0cm;margin-right:5.95pt;
margin-bottom:10.0pt;margin-left:35.7pt;mso-add-space:auto;text-align:justify;
text-indent:-17.85pt;mso-list:l1 level1 lfo1">(a)<span style="font-style: normal; font-variant-numeric: normal; font-variant-east-asian: normal; font-weight: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: &quot;Times New Roman&quot;;">&nbsp;&nbsp; &nbsp;&nbsp;Declaration that House No. B. 311 (formerly
House No. B.85) Daduri/Bawku is the self-acquired and bona fide property of
Salifu Moshie (deceased) and upon his death intestate it devolved unto her as
the only surviving child.<o:p></o:p><p class="MsoListParagraphCxSpMiddle" style="margin-top:0cm;margin-right:5.95pt;
margin-bottom:10.0pt;margin-left:35.7pt;mso-add-space:auto;text-align:justify;
text-indent:-17.85pt;mso-list:l1 level1 lfo1">