ASARE BEDIAKO vs. WOODFIELDS DEVELOPMENT COMPANY LTD [2019]DLHC9145

Date	2019-07-16
Suit No.	SUIT NO IRL/17/15
Citation No.	[2019]DLHC9145

HER LADYSHIP REBECCA SITTIE (MRS)

KWAME ASARE BEDIAKO FOR THE PLAINTIFF

EDWARD DARLINGTON FOR THE DEFENDANTS

[2019]DLHC9145
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													<main id="main" class="content" style="min-height: 60rem" >ASARE BEDIAKO<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>WOODFIELDS DEVELOPMENT COMPANY LTD<o:p></o:p>(DEFENDANT)<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 IRL/17/15&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE:
16TH JULY, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>KWAME ASARE BEDIAKO FOR THE
PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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EDWARD
DARLINGTON FOR THE 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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HER
LADYSHIP REBECCA SITTIE (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>Plaintiff took out a Writ of
Summons and a Statement of Claim on the 13th November 2014 against the Defendant. On 28th November 2016 the Court granted
Plaintiff leave to amend his Writ of Summons with the reliefs against Defendant
as follows:<o:p></o:p>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A declaration that the Defendant sold three plots of land
located at East &nbsp;&nbsp;&nbsp;&nbsp; Legon Extension
behind the Defendant’s Office and shares boundary with &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; the property of Togbe Amevor to the Plaintiff<o:p></o:p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A declaration that the Plaintiff is the beneficial owner of
the three plots of land located at East
Legon Extension behind the Defendant’s Office and &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; shares boundary with the property of Togbe Amevor to the
Plaintiff<o:p></o:p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An Order directed to the Defendant to prepare all the
relevant documents covering the three
plots of land to the Plaintiff<o:p></o:p>d.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Damages for trespass<o:p></o:p>e.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Recovery of Possession<o:p></o:p>f.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An Order of Perpetual Injunction
restraining the Defendant, their Agents, Assigns
and all those claiming title through them from interfering with the lands in dispute pending the determination of
the Substantive Suit. <o:p></o:p>Plaintiff’s
case is that he entered into an agreement to purchase three building plots of
land from Defendant in 2003 at a negotiated cost of One Hundred and Eight million
Cedis (M¢108, 000) equivalent of Ten Thousand Eight Hundred Ghana Cedis (¢10,800).
Plaintiff averred that he made a part-payment of Thirty million Cedis (M¢30,
000,000) now Three Thousand Ghana Cedis (¢ 3,000) with a balance of Seventy-Eight
million Cedis (M¢78,000,000) now Seven Thousand Eight Hundred Cedis (¢ 7,000).
By an undertaking signed by Plaintiff he was to pay thereafter a monthly
installment of Thirteen million Cedis (¢13, 000,000) to pay off the full cost
of the land with payment of penalties and interest if Plaintiff failed to meet
the deadline. Plaintiff said he was taken to the site and shown the three plots
and advised to start construction which he did. Plaintiff said another Real
Estate Company, Trassaco demolished his building because of litigation over the
land. Plaintiff said Defendants representative promised that Defendant would
reimburse him for the demolition but Defendant failed to honour the said
promise. Plaintiff said he reconstructed the foundation with the view that whatever
remained to be paid by Defendant for the demolishing would be used to offset
his balance. Plaintiff said he paid Defendant an additional One Thousand dollars
through a friend which Defendant acknowledged. Plaintiff said he suspended further
payment because of the litigation which ended in 2008. Plaintiff said he
approached Defendant in 2008 but because he had delayed payment they re-negotiated
the sale and agreed with Defendant that the payment made by him would be used
for settling the price of one plot. The remaining two plots were calculated at Thirty
Thousand dollars ($30, 000) out of which he paid Six Thousand dollars ($6, 000)
remaining a balance of Twenty-Four Thousand dollars ($24, 000). Plaintiff said
after payment of the Six Thousand dollars, Defendant’s Manager Mr. Yaw Asamoah
advised him to continue the development of the land. Plaintiff said when he
requested for documents over the land he was told they were not ready and
consistent demands yielded no results. Plaintiff said he informed Defendant
that he would suspend payment of the remaining balance until he received
documents. Plaintiff said while sojourning in the United States of America he
was informed that the structures on the two other plots had been demolished.
Defendant informed him that it was undertaking a re-demarcation exercise and
the plots affected would be compensated for after the exercise. Plaintiff said
he was waiting to hear from Defendant but Defendant rather attempted to sell the
two plots which he resisted. Plaintiff in his Reply said since Defendant sold
the land to him, </main>