NICHOLAS YAO DOE, MAWULIKPLIMI KOFI TETTEH AND MAWULI KWASHIE TETTEH vs. ROBERT DOGBE AGBESHIE, G & J TECHNICAL SERVICES LTD AND LANDS COMMISSION [2019]DLHC9132

NICHOLAS YAO DOE, MAWULIKPLIMI KOFI TETTEH AND MAWULI KWASHIE TETTEH vs. ROBERT... [2019]DLHC9132

Date	2019-11-14
Suit No.	SUIT NO. LD/0868/17
Citation No.	[2019]DLHC9132

HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)

PHILIP MORGAN HOLDING BRIEF FOR HAROLD ATUGUBA FOR PLAINTIFFS

KWAKU BRAM FOR 1ST AND 2ND DEFENDANTS

[2019]DLHC9132
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													<main id="main" class="content" style="min-height: 60rem" >NICHOLAS YAO DOE,
MAWULIKPLIMI KOFI TETTEH AND MAWULI KWASHIE TETTEH<o:p></o:p>(PLAINTIFFS)<o:p></o:p>vs.<o:p></o:p>ROBERT DOGBE AGBESHIE, G
&amp; J TECHNICAL SERVICES LTD AND LANDS COMMISSION<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. LD/0868/17&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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 NOVEMBER, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>PHILIP MORGAN HOLDING BRIEF
FOR HAROLD ATUGUBA FOR PLAINTIFFS<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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KWAKU
BRAM FOR 1ST AND 2ND DEFENDANTS <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>The Plaintiffs
are joint Administrators of the estate of their late grandfather, Charles
Torgbui Tetteh. Plaintiffs claim that their late grandfather was the owner of
the land in dispute which is located in Laterbiokorshie, Accra and described as
being “bounded on the North by vendor’s
property measuring 135 feet more and less, on the South by J.C Netey and F.C
Ashong’s properties measuring 200 feet more or less, on the North by Inner Ring
Road measuring 70 feet more or less and containing an approximate area of 0.265
of an acre.”<o:p></o:p><o:p>&nbsp;</o:p>According to
the Plaintiffs, by a deed of conveyance executed on the 16th July,
1951 between Emma Mills and Helena Mills both from the Ablorh Mills Family of
Accra, their deceased grandfather acquired the land in dispute. He subsequently
registered his document covering the land in dispute at the Gold Coast Registry
and same was indexed as Deed Registry Number 1092/1951. He also bought one
thousand (1,000) pieces of five inch blocks in August 1960 and by 1970 had
placed them around the boundaries of the land in dispute.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiff’s
case is that sometime in September 1970, the 1st Defendant
encroached on a section of their grandfather’s land. As a result, their
grandfather caused his solicitor to send an eviction notice dated 18th
November, 1970 to the 1st Defendant. Plaintiffs claim that in
response to the notice, the 1st Defendant approached their
grandfather in the company of one S.A. Amuzu, who was a block maker, to plead
with him to allow him to carry on his welding business on a section of the land
in dispute. Plaintiffs’ grandfather allegedly acceded to this request and since
then, the 1st Defendant has constructed his welding shop on a part
of the land in dispute. The Plaintiffs also claim that the 2nd Defendant
has encroached on the land by establishing an office complex on a section of
the land in dispute. The Plaintiffs further claim that the 3rd Defendant
has fraudulently registered a conveyance in favour of the 1st Defendant
dated 10th April, 1998. This registration was done in spite of the
fact that the title of their grandfather’s grantors in the land in dispute had
been confirmed by a judgment of the Court dated May 17, 1971 which had been
plotted in the records of the 3rd Defendant.<o:p></o:p><o:p>&nbsp;</o:p>The Plaintiffs’
case is that subsequent to the death of their grandfather, Letters of
Administration of his estate was granted on the 19th of May, 1992 to
Plaintiffs’ father, Godwin Yao Tetteh and his brothers Christian Doe Tetteh and
Wisdom Mawutor Tetteh. After the death of the administrators of their
grandfather’s estate the Plaintiffs jointly applied for Letters of
Administration and were granted same. As administrators of their deceased
grandfather’s estate, Plaintiffs bring the instant action against 1st
and 2nd Defendants for the following reliefs:<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;;mso-ansi-language:EN-GB">a)