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

This case emanated from the enforcement of a Judgement obtained by the 1 st Defendant against the 2 nd Defendant on 25th September, 2007, in suit Number L.210/99 entitled ITTAS Consultancy Ltd vrs Esi Nana Gonclave. The Judgement referred to above may be said to be a default Judgement since the Defendant in that suit did not lead evidence and the Judgement was based on the evidence of the Plaintiff. From Exhibit 11, which is the Judgment referred to, no issue was resolved except to state that “from the evidence on record, I am satisfied that the Plaintiff has proved its case as required by law, and I enter Judgement for it on all the reliefs claimed in the writ of summons”.

When this Judgment was being enforced, under order 43 Rule 3of C.I. 47, the present plaintiff put in a claim under order 44 Rule 12. As the issues between them could not be resolved summarily under order 44 Rule 13 1 (a) an order was made for a writ to be issued by the claimant as plaintiff, and the Judgement creditors as Defendant.

The Plaintiffs case is that it acquired the land in dispute from Esi Nana Gonclave on 10th June 2004 for 70,000, USD or its cedi equivalent.

That Esi Nana herself acquired the land from Nii Bortrabi Obroni II and Numo Borketey Laweh on 10th August 1993. Esi Nana Gonclaves took a further lease from John Nii Mmashi Adjetey, Daniel Adzie and Eric Akpor Sowah, who are joint owners and customary successors to the late Joseph Okang Adjetey, late Enoch Akpor Sowah and late Azaria Adjei Klu, owners of the land.

That in 2005 the Plaintiff obtained further title covering the subject matter from John Nii Mmashi Adjetey, Daniel Adzete Adzei and Eric Akpor Sowah joint owners and customary successors to the late Joseph Okang Adjetey, late Enoch Akpor Sowah and Azaria Adjei Klu. According to the Plaintiff s pleading the land was gifted to Joseph Okang Adjtey and others by Nii Okang Mmashie III Mankrado of Teshie on 10th November, 1959. The Plaintiff pleaded further that the ownership of the land had been declared by a circuit court and Supreme Court Judgement to be for Nii Okang Nmashie III Mankrado of Teshie.

The Plaintiff also pleaded that it had entered the land and developed same into twelve high class residential properties without any challenge and also without notice of the litigation between the 1 st and 2 nd Defendants.

The 1 st Defendant pleaded that it had the land by an acquisition dated 5 th October 1995 from the administrators of the Estate of V