AUGUSTINE ARHINFUL & ORS VS NII WILLIE WELBECK

BACKGROUND

From the processes filed by the Parties, a background to the instant action is as follows: By a Writ and Statement of Claim filed on 3rd August 2005 and amended on 20th March 2007, one Felicia Abrah Todzro and New Generation Senior Secondary School as 1st and 2nd Plaintiffs respectively, instituted an action against Jacob Eddhley Addy and Augustine Arhinful as 1st and 2nd Defendants respectively.

The Suit was numbered BL/700/2005 and is hereafter referred to as “Suit No. BL/700/2005”. The 1st Defendant was stated to be a proprietor of a private school and the 2nd Defendant, a professional footballer.

It was the case of the 1st Plaintiff, Felicia Abrah Todzro, that she is the owner of a parcel of land measuring approximately 0. 25 acres, situate as West Bubiashie in Accra, more particularly delineated on a site plan attached to her indenture.

The 1st Plaintiff added that the land is registered in her name at the Land Title Registry in Accra with Land Certificate Number 62/15/901/1/1. Felicia Abrah Todzro stated that she acquired the subject land from the Asere Stool, immediately went into possession and constructed a building on the land which was taken over by the 2nd Plaintiff school in January 2005. It was the further case of Felicia Abrah Todzro that the Defendants have recently trespassed unto her land, destroyed a part of the structure of the New Generation Senior Secondary School and when confronted, the 1st Defendant Jacob Eddhley Addy claimed that he sold the parcel of land to the 2nd Defendant Augustine Arhinful.

By the action in Suit No. BL/700/2005, the Plaintiffs sought a declaration of title to the 0. 22 acres of land at West Bubiashie, recovery of possession, perpetual injunction, damages for trespass and costs.

In their Defence filed on 20th October 2005, the 1st Defendant stated that he is the brother of the late Diamond Nii Addy who acquired a large tract of land from the Asere Stool.

The Defendants stated that the land of Diamond Nii Addy devolved to his children upon his death, and the children assigned a portion of the land to the 2nd Defendant.

The Defendants maintained that the land claimed by Felicia Abrah Todzro was different from their own lands.

Before the action could be heard and conclusively determined on its merits by the Court, the Defendants entered into Terms of Settlement with the Plaintiffs.

The Terms of Settlement was dated 17th February 2009, filed in Court on 10th March 2009 and adopted as Consent Judgment of