GLADYS AFUTU NARTEY vs. FAUSTINA AKUFFO SOMUAH, ANTHONY MENSAH AND JULIANA MENSAH [2019]DLHC9148

GLADYS AFUTU NARTEY vs. FAUSTINA AKUFFO SOMUAH, ANTHONY MENSAH AND JULIANA MENSA... [2019]DLHC9148

Date	2019-02-01
Suit No.	SUIT NO. FAL/205/14
Citation No.	[2019]DLHC9148

HER LADYSHIP REBECCA SITTIE (MRS)

KWASI ADJENIM-BOATENG FOR PLAINTIFF

STEPHEN CHARWAY FOR OSAFO BUABENG FOR 1ST DEFENDANT

JUSTICE SALLAH FOR 2ND & 3RD DEFENDANTS

[2019]DLHC9148
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													<main id="main" class="content" style="min-height: 60rem" >GLADYS AFUTU NARTEY<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>FAUSTINA AKUFFO SOMUAH,
ANTHONY MENSAH AND JULIANA MENSAH<o:p></o:p>(DEFENDANTS)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH
COURT (LAND DIVISION 10), ACCRA]<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. FAL/205/14&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 1ST
FEBRUARY, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>KWASI ADJENIM-BOATENG FOR
PLAINTIFF<o:p></o:p>STEPHEN CHARWAY FOR OSAFO
BUABENG FOR 1ST DEFENDANT<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">

JUSTICE
SALLAH FOR 2ND &amp; 3RD 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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<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-align:
justify;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">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 issued a Writ against
Defendants; though Counsel entered Appearance for the Defendants the Statement
of Defence filed was for 1st Defendant only from whom 2nd
and 3rd Defendants derive their title. The Defendants are ordinarily
resident outside the jurisdiction. There were a number of amendments of
pleadings after trial had begun. Leave was also granted for Defendants to file
Witness Statements out of time. The evidence of 1st Defendant’s Witness
was taken via Video Conferencing after the Witness Statements was filed. The
Defendants changed their Solicitors several times after the Lawyer who entered
Appearance withdrew from the case. &nbsp;<o:p></o:p><o:p>&nbsp;</o:p>PLAINTIFF’S
CASE<o:p></o:p>Plaintiff, an Administratrix and
beneficiary of the Estate of Moses Tetteh Afutu Nartey issued this Writ against
1st Defendant for breach of the terms of a building Lease Agreement
entered into with her deceased father. Secondly, that 1st Defendant
had no legal right to sell the subject matter in dispute to 2nd and
3rd Defendants. Plaintiff says the Lease between her late father and
1st Defendant (acting by her husband Francis Somuah) was for 1st
Defendant to develop the land to a commercial property and if after seven years
1st Defendant failed to develop the property, then her father had
the right of re-entry. Plaintiff said the Lease also provided that 1st
Defendant pay ground rent every 5 years; the first for the period 1984-1989 was
paid to her late father. The rent for the second five years for 1989-1994 was
paid to Plaintiff in 1993. Plaintiff said 1st Defendant paid only
half of the rent because her husband had suffered a stroke and needed time to
recover and re-organise himself to pay the outstanding balance. Plaintiff said
when she followed up she met 2nd &nbsp;Defendant who informed her that she (1st
Defendant) had relocated to Akropong and that the property had been sold to 2nd
Defendant and his wife (3rd Defendant) with documents duly executed
in their favour. Plaintiff said she confronted 1st Defendant who
denied sale to the 2nd and 3rd Defendants. Plaintiff says
1st Defendant has breached the covenant to develop the land within
the first seven years of the Lease as well as defaulted in payment of rent.
Plaintiff said her Lawyer wrote to 1st Defendant. The response from
1st Defendant’s Lawyer stated that the property had been sold to 3rd
parties with the knowledge and consent of Plaintiff. Plaintiff says she is not
aware of any sale of the property and had not consented to the sale. Plaintiff
claims any purported sale of the property in dispute is fraudulent and that 1st
Defendant on one part and 2nd and 3rd Defendants colluded
to commit the fraud which Plaintiff particularized. Plaintiff denied 1st
Defendant’s claim that the Lease was put in her name to avoid her husband’s
property being seized in the PNDC era, but was in essence an agreement between
Plaintiff’s late father and 1st Defendant’s late husband. Plaintiff denied
having discussed the sale of the property with 2nd Defendant nor
received any money from him. Plaintiff said the action of 1st
Defendant’s husband was done with full consent. In reply to 2nd and
3rd Defendants’ Defence Plaintiff says the 1st Defendant
had nothing to give them because he had no power to sell the disputed property.
Plaintiff said she warned the 2nd Defendant when he started
developing the land that 1st Defendant and her husband had no power
to sell the property to them but they ignored her warning. Plaintiff admitted 1st
Defendant’s husband spoke to her about the containers and same were removed but
denied receiving any monies. Plaintiff in her Reply to 2nd and 3rd
Defendants Statement of defence joined issue with them on their Statement of
Defence. Plaintiff deny that she and her siblings ever sold the property in
dispute or that Plaintiff and her siblings received any money from the purchase
of the property in dispute. Plaintiff said she was not privy to the payment for
the sale of the property in dispute and put Defendants to str</main>