RACHEL TOTIMEH vs. GAYHEART MENSAH & 7 ORS [2021]DLHC16486

Date	2021-05-31
Suit No.	SUIT NO. FAL/686/2013
Citation No.	[2021]DLHC16486

HIS LORDSHIP K. A. GYIMAH

ERIC SENYO PONGO FOR PLAINTIFF.

FRANCIS GASU FOR 1ST DEFENDANT.

EZRA ALABI BORQUAYE WITH KENNEDY EFFAH AND GEORGE OWUSU-SARPONG FOR L.S.N. AKUETTEH FOR 2ND 3RD 5TH 7TH AND 8TH DEFENDANTS.

[2021]DLHC16486
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													<main id="main" class="content" style="min-height: 60rem" >RACHEL TOTIMEH<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>GAYHEART MENSAH &amp; 7
ORS<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH
COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

SUIT NO. FAL/686/2013&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&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:
31ST&nbsp;MARCH 2021<o:p></o:p>

</div>COUNSEL<o:p></o:p>ERIC
SENYO PONGO FOR PLAINTIFF.<o:p></o:p>FRANCIS
GASU FOR 1ST DEFENDANT.<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>CORAM<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>&nbsp;<div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

JUDGMENT<o:p></o:p>

</div>&nbsp;Introduction<o:p></o:p>&nbsp;This matter commenced about eight years
ago by a writ issued on 21st May 2013 by the plaintiff against eight
defendants including the East Dadekotopon Development Trust (8th
defendant). The case has to do with a parcel of land situate at La behind the
Ghana Trade Fair Company Ltd. The main antagonists in this suit are the
plaintiff and the 1st defendant who are all claiming the same parcel
of land. It is on record that both the plaintiff and the 1st
defendant admit that the East Dadekotopon Development Trust is the owner of a
larger area of land including the land in dispute. However, while the plaintiff
asserts that she got her initial grant from the La Dadekotopon Youth
Development Committee and later attempted to regularise it with the 8th
defendant, the 1st defendant claims he got the land from one Enoch
Okpoti Mensah who had earlier acquired the land in dispute from the 8th
defendant.<o:p></o:p>&nbsp;Plaintiff’s
case<o:p></o:p>&nbsp;The plaintiff describes herself as a
native of La but living in Dome. She asserts that before the 8th
defendant was formed, it was the La Dadekotopon Youth Development Committee who
were in charge of the management of the lands behind the Trade Fair which
included the land in dispute. The committee alienated some of the lands during
the period and when the East Dadekotopon Development Trust was formed sometime
in 2002, the La Dadekotopon Youth Development Committee handed over the
management of the lands to the East Dadekotopon Development Trust. She asserts
that in 1997 while the La Dadekotopon Youth Development Committee was still in
charge of the lands, she approached the committee which was then chaired by one
Edmund Tetteh Akuetteh and purchased two plots of land from them paying an
amount of Four Million old Ghana Cedis (GH¢400.00) for it. The chairman of the
committee gave her a receipt evidencing the purchase of the land.<o:p></o:p>&nbsp;The plaintiff asserts that after
purchasing the land, she took possession of the land, deposited two thousand
sandcrete blocks, two trips of stone chippings and one trip of sand on the land
to commence construction. She further states that shortly after, her employment
took her to various parts of the country but she paid regular visits to the
land whenever she was in Accra. It is her case that the East Dadekotopon
Development Trust regularised a lot of the grants that were made by the La
Dadekotopon Youth Development Committee and that in the year 2011, she paid an
amount of GH¢1,000.00 to the 8th defendant for the preparation of
land documents for her and she was given a receipt to that effect.<o:p></o:p>&nbsp;The plaintiff further states that she
commenced the construction of a fence wall around the land in 2012 but this was
destroyed by one Okpoti Sonkor and his accomplices. She lodged a complaint with
the Police and at the Police Station, it came out that the 2nd to 8th
defendants had sold her land to the 1st defendant. The plaintiff
further asserts that the 1st defendant has commenced development on
the land and has refused to stop despite several warnings. The plaintiff
therefore had no option than to institute this action claiming the following
reliefs against the defendants:<o:p></o:p>&nbsp;