JAMES SOMERSET TIEKU vs. PAA KWESI YAMOAH AND BENJAMIN BUDU [2019]DLHC9018

Date	2019-06-26
Suit No.	SUIT NO. FAL/756/15
Citation No.	[2019]DLHC9018

HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)

MATTHEW OBENG FOR PLAINTIFF

MICHELLE AKUFFO FOR DEFENDANTS

[2019]DLHC9018
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													<main id="main" class="content" style="min-height: 60rem" >JAMES SOMERSET TIEKU<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>PAA KWESI YAMOAH AND
BENJAMIN BUDU<o:p></o:p>(DEFENDANTS)<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. FAL/756/15&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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:
26TH JUNE, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MATTHEW OBENG FOR PLAINTIFF&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&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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MICHELLE
AKUFFO FOR DEFENDANTS&nbsp;&nbsp;&nbsp;&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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HER
LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (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>The Plaintiff, James Somerset Tieku, is
a retired public servant who lives at Agbobga in the Greater Accra Region of
Ghana while the Defendant also lives in Accra, Ghana.&nbsp; <o:p></o:p><o:p>&nbsp;</o:p>Plaintiff’s claim is that sometime in
1986, he purchased two plots of land from the Odai Ntow family of Teshie.
According to the Plaintiff between the years, 1986 to 1990, he constructed a
four bedroom self-contained house on one plot and two uncompleted rooms on the
remaining plot. Plaintiff claims that from 1990 to 1995 he also operated a corn
mill in one of the single rooms on the remaining plot whiles occupying the four
bedroom self-contained house on the first plot with his wife and children.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiff further claims that
subsequent to his acquisition of the said land, the Odai Ntow family who were
his grantors, lost a lawsuit against the Nii Armah Sogblah Family of Haatso
over a larger parcel of land including the one in dispute. As a result, he was
served a notice to take steps to regularize his land documents with the Chief
of Haatso.&nbsp; <o:p></o:p>The Plaintiff claims that sometime in
2012, he was invited to the Police Headquarters, Land Fraud Office, where he
was requested to submit his land documents to assist in investigations into the
purchase of his land by the 1st Defendant. &nbsp;Unfortunately, he could not trace his
indenture and therefore lodged a complaint with the Madina Police.
Subsequently, the chief of Haatso regularised his land document for a fee of
forty-three thousand Ghana cedis (GHȼ43,000.00).<o:p></o:p><o:p>&nbsp;</o:p>Plaintiff’s case is that his attempt to
register the land in dispute at the Lands Commission led to the discovery that
the 1st Defendant had earlier applied for registration of the same
parcel of land. He therefore confronted the chief of Haatso who held a meeting
to address the issue. This meeting was attended by Plaintiff, 1st Defendant
and Plaintiff’s ex-wife who openly admitted that she sold the land in dispute
to the 1st Defendant. Plaintiff claims that the chief of Haatso
alleged that the 1st Defendant had deceived him by claiming that the
land in dispute was sold to him by his aunt when he knew that it belonged to
the Plaintiff.<o:p></o:p><o:p>&nbsp;</o:p>According to the Plaintiff, the 1st
and 2nd Defendants herein destroyed his corn mill, uncompleted
buildings and fence wall and began to build thereon. Plaintiff claims that
although he has warned the Defendants to desist from their acts of trespass
they have failed or refused to heed his warnings and have completed a structure
on the land. The Plaintiff therefore seeks the intervention of this Court for
the following reliefs: <o:p></o:p>