HAYI FAMILY vs. UNILEVER GHANA LIMITED, KWARITAN GHANA LIMITED [2023]DLHC16957

Date	2023-03-24
Suit No.	SUIT NO. E1/17/2010
Citation No.	[2023]DLHC16957

HIS LORDSHIP JUSTICE GEORGE BUADI

NAA DJAMAH AYIKOI OTOO

[2023]DLHC16957
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													<main id="main" class="content" style="min-height: 60rem" >HAYI FAMILY<o:p></o:p>

(PLAINTIFF)<o:p></o:p>

vs.<o:p></o:p>

[HIGH
COURT, HO]<o:p></o:p>

&nbsp;

<a name="_heading=h.gjdgxs"></a>SUIT NO. E1/17/2010&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 24TH &nbsp;MARCH 2023<o:p></o:p>

</div>

COUNSEL&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>

NAA DJAMAH AYIKOI OTOO FOR
PLAINTIFF<o:p></o:p>

</div>

CORAM<o:p></o:p>

HIS LORDSHIP JUSTICE GEORGE
BUADI <o:p></o:p>

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

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1.<span style="font-variant-numeric: normal; font-variant-east-asian: normal; font-variant-alternates: normal; font-kerning: auto; font-optical-sizing: auto; font-feature-settings: normal; font-variation-settings: normal; font-variant-position: normal; font-weight: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: &quot;Times New Roman&quot;;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Background<o:p></o:p>

I need to state at the outset that I did not hear this suit. I
was asked to deliver the judgment in the suit whose
hearing began on 9 December
2013 by this court, then presided over by His Lordship
Justice N.C.A. Agbevor (J) (as he then was) who completed the hearing
on 19 October 2017 and scheduled to deliver the judgment
for 19 February 2018, which has
serially been adjourned
over the period up to the
close of 2018 when the trial judge was appointed to the Court of Appeal.<o:p></o:p>

&nbsp;

Delivery of the judgment,
therefore, fell into hiatus. Upon application by the parties, His Lordship the
Chief Justice in his letter dated 9 November 2021 authorized, and directed that
I deliver not only the judgment in this suit but also judgments in three other
suits that had been pending before the trial judge Agbevor J. The Registrar of
the Court managed to recover the dockets from Agbevor J, which had enabled me
to comply with the directives of the Chief Justice; indeed, this is the last of
the said four pending judgments.<o:p></o:p>

1
&nbsp;&nbsp;&nbsp;Parties’ statements of case<o:p></o:p>

The Plaintiff Hayi family
of Ho are claiming to be the owners of the land in this suit. The defendants
are trading companies. According to Plaintiff, 1st Defendant
had since 1986 been occupying the land in dispute without
paying rent and further
had assigned the land to 2nd Defendant who had
also been occupying the land without paying rent. It was for this reason that
on 20 October 20101, Plaintiff, represented by A.K Amoako by a writ of summons
commenced the suit against Defendants for:<o:p></o:p>

&nbsp;

a.