CLETUS BABRON KUFIA AND ABENA CHONGA KUFIA vs. MR. AIKINS & 2 ORS [2023]DLHC16329

Date	2023-02-20
Suit No.	SUIT NO. FAL/766/2011
Citation No.	[2023]DLHC16329

HIS LORDSHIP K. A. GYIMAH

JAMES ABIADUKA WITH GALLANT AKORLI FOR PLAINTIFFS.

ALFRED PAAPA DARKWA WITH RICHARD KWAME NORMANYO AND KATHLEEN BOTCHWAY FOR DEFENDANTS.

[2023]DLHC16329
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													<main id="main" class="content" style="min-height: 60rem" >CLETUS BABRON KUFIA AND
ABENA CHONGA KUFIA<o:p></o:p>(PLAINTIFFS)<o:p></o:p>vs.<o:p></o:p>MR. AIKINS &amp; 2 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/766/2011&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &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:
20TH&nbsp;FEBRUARY 2023<o:p></o:p>

</div>COUNSEL<o:p></o:p>JAMES
ABIADUKA WITH GALLANT AKORLI FOR PLAINTIFFS.<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;The writ in this suit was originally
issued on 5th August 2011. The statement of claim was later amended
on 25th February 2021, about ten years after the original writ was
issued. This case has been pending in the court for almost twelve years which
does not augur well for justice. The case was assigned to this court to handle
on 9th October 2018 at a time where the plaintiffs had already been
granted an interlocutory judgment against the defendants for failure to file their
defence. Instead of the plaintiffs proceeding to lead evidence in proof of
their title in order for the court to enter final judgment on their behalf,
counsel for the plaintiffs rather brought an application for leave to go into
execution in respect of the said interlocutory judgment which approach is an
anomaly as one cannot attempt to enforce an interlocutory judgment because it
is not a final judgment.<o:p></o:p>&nbsp;On 15th May 2019, counsel
for the defendants brought an application to set aside the said interlocutory
judgment and to file a defence out of time for the defendants. The said
application was opposed by the plaintiff but it was granted by the court on 11th
June 2019. The defendants duly entered appearance and filed their statement of
defence on 9th July 2019 and later amended it on 23rd
June 2021.<o:p></o:p>&nbsp;Plaintiffs’
case<o:p></o:p>&nbsp;The plaintiffs describe themselves as
husband and wife and they assert that they are the owners of the property in
dispute which they acquired from State Housing Company Ltd in July 2007. They
describe their property, being the land in dispute, as “Plot No. 1A, Klana Avenue, Adenta, Accra covering an approximate area
of 0.07 hectare (0.18 of an acre) and more or less being parcel No. 4, Block
12”. It is the plaintiffs’ case that they have been issued with a land
certificate covering the land in dispute. The plaintiffs further assert that
after the grant of the land in dispute, they immediately took possession and
have been exercising acts of ownership and possession over the land in dispute.<o:p></o:p>&nbsp;It is the plaintiffs’ case that the
defendants, without authority and with no title in the property in dispute,
have recently trespassed onto a portion of their property and are laying
adverse claim to the property by erecting structures on the land. This act of
the defendants is preventing the plaintiffs from using their land for its
intended purpose. <o:p></o:p>&nbsp;The plaintiffs further assert that in
the year 2010, the vendor of the defendants, including two other persons who
claimed to be directors of the defendants’ vendor, sued the plaintiffs, their
vendor State Housing Company Ltd and other persons in the High Court claiming
amongst others that the housing units comprising the Aprotech Housing Estate
which includes the property in dispute belongs to them but the suit was
dismissed by the court. They further state that the Ministry of Works and
Housing also dissociated itself from any sale of the said housing units by one
Dr Kofi Sam to the defendants. <o:p></o:p>&nbsp;