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A. D. CONSTRUCTION LTD. v ITTAS CONSULTANCY LTD ESI NANA CONCLAVE

December 22, 2010

HIGH COURT OF JUSTICE

GHANA

CORAM

  • MR. JUSTICE S. H. OCRAN

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Evidence Law

AI Generated Summary

This Ghana High Court case, presided over by Mr. Justice S. H. Ocran, arose when ITTAS Consultancy Ltd attempted to enforce its 2007 default judgment against Esi Nana Gonclave in Suit No. L.210/99. The plaintiff company, having purchased the land from Esi Nana Gonclave in 2004 and secured a further lease from Teshie successors in 2005, entered and developed twelve high-end homes without challenge and without notice of the ITTAS-Gonclave litigation. ITTAS claimed title through a 1972 lease from Nii Odai Ayiku IV to Victoria Asheley Lartey, and a 1995 acquisition from Lartey’s estate, with Lands Commission consent in 1998. Key evidence showed a 1959 Deed of Gift from Nii Okang Nmashie III (Teshie Mankralo) to J.O. Adjetey and others, and a 2002 Circuit Court judgment affirming that gift. The court held the default judgment did not bind the plaintiff, found the 1972 lease void due to destoolment and illiteracy compliance failures, declared the plaintiff’s title, set aside parts of the prior judgment affecting the land, restrained ITTAS, and awarded costs.

JUDGEMENT