GODCITY ESTATE DEVELOPERS vs. MOSES AGBLOSU AND CHARLES YAW MATTI [2019]DLHC9014

Date	2019-12-05
Suit No.	SUIT NO. LD/0537/18
Citation No.	[2019]DLHC9014

HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)

EDINEM KOJO ASAMOAH HOLDING BRIEF FOR DELA BLAGOGEE FOR PLAINTIFF/RESPONDENT

ALIDU MOHAMMED BEING LED BY ROBERT EKOR DASSAH FOR DEFENDANTS/APPLICANTS

[2019]DLHC9014
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													<main id="main" class="content" style="min-height: 60rem" >GODCITY ESTATE DEVELOPERS<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>MOSES AGBLOSU AND CHARLES
YAW MATTI<o:p></o:p>(DEFENDANTS/APPLICANTS)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT (LAND 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. LD/0537/18&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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:
5THDECEMBER, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>EDINEM KOJO ASAMOAH HOLDING
BRIEF FOR DELA BLAGOGEE FOR PLAINTIFF/RESPONDENT&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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ALIDU
MOHAMMED BEING LED BY ROBERT EKOR DASSAH FOR DEFENDANTS/APPLICANTS&nbsp;&nbsp;&nbsp;&nbsp; <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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</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>Plaintiff’s case is that in 1994 it acquired
land from Lenshie Quarter of Teshie in Accra for Estate development. When
Plaintiff took possession of the land it discovered that Lenshie Quarter had
previously granted the same parcel of land to Sabah Estate and Sabah Estate had
a Land Certificate covering the land. Upon enquiries, Lenshie Quarter informed
Plaintiff that Sabah Estate had failed to pay the consideration agreed upon and
therefore they had taken legal action against Sabah Estate for cancellation of
its certificate. Eventually, plaintiff claims that Sabah Estate surrendered its
interest in the land in dispute to the Plaintiff by a deed of surrender dated
16th April 2011 after its grantors had obtained judgment against Sabah
Estate. Plaintiff has since registered its interest in the land in dispute at
the Land Title Registry and placed a 40 footer container on a section of the
land. Plaintiff claims Defendants have entered onto its land and with the
assistance of land guards has started a building on the land. Plaintiff claims
it has shown Defendants its Land Certificate but Defendants continue to build.
Plaintiff is therefore praying for declaration of title, recovery of possession
and damages for trespass.<o:p></o:p><o:p>&nbsp;</o:p>Defendants filed a statement of defence
and counterclaim in which they claimed that they acquired the land in dispute
in 2007 from Sabah Estate Development Ltd. Searches they conducted at the Land
Title Registry and physical inspection of the land prior to purchase revealed
that the land was registered in the name of Sabah Estates Development Ltd and
there were no encumbrances on the land. Defendants have since completed a
building on one of the plots land which they moved into in 2013. Defendants
contend that one Daniel Tetteh trespassed onto the land with some security
personnel and had the land measured and resisted the 2nd Defendant’s
attempt to develop the remaining plots by causing damage to the foundation and
seizing the tools of the workers. This led the Defendant to lodge a formal report
with the Greater Accra Regional Police Commander who had the matter transferred
from the Teshie Police to the Kpeshie Divisional Headquarters, Nungua, where it
is still pending. Defendants contend that they are bona fide purchasers for
value without notice and pray for declaration of title, injunction and damages
for trespass.<o:p></o:p><o:p>&nbsp;</o:p>In their defence to Defendants’
counterclaim, Plaintiff contended that it placed a container on the land in
dispute before the Defendants took possession of same. It further maintains
that Defendants were warned off the land from the onset but continued to build.
Plaintiff further contends that by reason of Sabah Estate’s failure to pay
consideration to the Lenshie Quarter its grant was revoked and therefore any
purported grant made by Sabah Estates to the Defendants was void ab initio. <o:p></o:p><o:p>&nbsp;</o:p>Against this background, the Defendants
filed the instant application for interlocutory injunction by which they sought
an order of the Court to restrain the Plaintiff/Respondent from causing further
damage to the structure they were putting up on the remaining two (2) plots and
to enforce their peaceful and quiet enjoyment of the land in dispute. To the
affidavit in support of the application for injunction, they attached the deed
of assignment dated 10th May 2007 by which they acquired a section
of the land in dispute from Sabah Estates, search reports emanating from the
Lands Comm</main>