MOHAMMED QUAYE, RABIA YEMOLEY QUAYE AND IKILMA YEMOH KORKOR QUAYE vs. SAM Z COMPANY LTD AND MUNIRATU ZAKARIAH [2019]DLHC9151

MOHAMMED QUAYE, RABIA YEMOLEY QUAYE AND IKILMA YEMOH KORKOR QUAYE vs. SAM Z COMP... [2019]DLHC9151

Date	2019-07-01
Suit No.	SUIT NO. FAL/985/13
Citation No.	[2019]DLHC9151

HER LADYSHIP REBECCA SITTIE (MRS)

KWABENA ANKAMAH OFEI-BADU FOR PLAINTIFFS

ALI GOMDAH ABDUL-SAMAD FOR DEFENDANTS

[2019]DLHC9151
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													<main id="main" class="content" style="min-height: 60rem" >MOHAMMED QUAYE, RABIA
YEMOLEY QUAYE AND IKILMA YEMOH KORKOR QUAYE<o:p></o:p>(PLAINTIFFS)<o:p></o:p>vs.<o:p></o:p>SAM Z COMPANY LTD AND
MUNIRATU ZAKARIAH<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;
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SUIT NO. FAL/985/13&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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 JULY, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>KWABENA ANKAMAH OFEI-BADU
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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ALI
GOMDAH ABDUL-SAMAD FOR 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
by an amended Writ of Summons filed this action against the Defendants on 16th
May 2014. Plaintiffs sought the following reliefs: Declaration of title to
separate parcels of land described below as A, B and C, recovery of possession
and damages for trespass and perpetual injunction against Defendants their
agents, assigns etc.<o:p></o:p>PLAINTIFFS’
CASE<o:p></o:p>Plaintiffs
claim is that the Ogbojo Mantse gave five &nbsp;plots of land to Sheik I. C. Quaye in 2007.
Plaintiffs said one plot of land was given to Sheik I. C. Quaye’s body guard
Awudu Musah who in the same year deceived Plaintiffs, Sheik I. C. Quaye and the
Ogbojo Mantse under the guise of an error in the site plans in the Indentures
given to Plaintiffs, and&nbsp; collected the
documents for replacement. Three plots were given to Plaintiffs and the
remaining one plot was to be sold to defray the cost of documentation.
Plaintiffs said Nii Joseph Torgbor Obodia II prepared documents covering the
plots described as A, B and C described in the schedule in the Writ of Summons
and Statement of Claim for Plaintiffs. The said Awudu Musah deceived the Ogbojo
Mantse that Sheik I. C. Quaye had ordered him to sell the three plots of land
and thus got the Ogbojo Mantse to issue new documents in favour of Defendants.
This transaction was unknown to the Plaintiffs and Sheik I. C. Quaye until
sometime in 2012 when Sheik I.C. Quaye was informed that Awudu Musah was
attempting to sell the land, holding himself out as
his agent. Plaintiffs averred that Sheik I.C. Quaye sent his daughters to the
Ogbojo Chief for confirmation. Plaintiffs said the sent party met Awudu Musah
at the Chief’s Palace and the Chief confirmed Awudu Musah’s mission after which
the latter left the Palace. Plaintiffs said the Ogbojo Chief decided to issue
new Indentures to Plaintiffs using a new date 2012 instead of 2007 the original date in the
documents Awudu Musah had collected. Plaintiffs said a visit to the site and
the Chief’s Palace revealed that Awudu Musah had substituted their names in the
original documents with that of Defendants who had walled the three plots of
land and had deposited a lot of sandcrete blocks on the land. Plaintiffs said
they wrote “keep off-the land is not for sale” on the wall and collected a
wheel burrow, two Poly tanks and two gates which they sent to the Ogbojo Police
Station. Plaintiffs said the trespassers surfaced at the Police Station and
wrote their statements. Plaintiffs said the matter was sent to the District
Police Commander at Madina and later to the Property Fraud Office at the Police
Headquarters in Accra. The Police are dealing with the criminal aspect of defrauding
and causing unlawful harm. Plaintiffs said it was in the course of prosecuting
the criminal case that the original Defendant, Doli-Wura Zakaria applied for
joinder of the current Defendants and attached documents claiming ownership of
the land in dispute. Plaintiffs say the said documents are not genuine since
the Chief cannot sell the same land twice. Plaintiffs therefore claim the
reliefs endorsed on their Writ of Summons.<o:p></o:p>In
Plaintiffs’ Amended Reply and Defence to Counterclaim the Defendants denied
that Awudu Musah had ever been authorized by Sheik I. C Quaye to dispose of the
three plots of land and that Awudu Musah practiced fraud on the 2nd
Plaintiff and the Ogbojo Mantse when he represented to the Ogbojo Mantse that Sheik
I. C Quaye had disposed of the five plots to the Defendants.&nbsp; Plaintiffs said Awudu Musah kept the Indentures
prepared for Plaintiffs and himself after fraudulently obtaining them from 2nd
Plaintiff with a story of faulty site plans which the Surveyor needed for
correction. Plaintiffs said since the Chief had made the grant to Defendants
based on fraud they acquired no interest. Plaintiffs stated that they did not
live anywhere near the land in dispute and therefore had no notice of the
trespass until a visit to the site brought Defendants’ trespass to light.
Plaintiffs said they took immediate action to forestall further trespass and
forceful annexation of the plots. Plaintiffs denied causing damage to any
portion of the wall as alleged. Plaintiffs in response to the issue of
registration said they started the registration process before they noticed
Defendants’ trespass. <o:p></o:p>DEFENDANTS’
CASE<o:p></o:p>Defendants
entered appearance on 25th September 2013. By an Amended Statement
of Defence and Counterclaim filed on 26<su</main>