BEATRICE ANORKOR ADAMS vs FELICIA LOMOTEY

BY COURT: PLAINTIFF OPENS CASE – EVIDENCE-IN-CHIEF OF PLAINTIFF

PLAINTIFF IS SWORN ON BIBLE IN GA

My name is Beatrice Anorkor Adams. I live at La, in Accra. I know Joseph Apo Kwabla Adams. He was my father. He is dead now. Myself, Beatrice Anorkor Adams, Nii Lartey Adams, and Tetteh Adams applied for and obtained Letters of Administration in respect of the estate of Joseph Apo Kwabla Adams (deceased). A copy of the Letters of Administration in respect of J. A. K. Adams is tendered and admitted as Exhibit ‘A’. Tetteh Adams is present in this Court, but Lartey Adams is in the house. I have the consent of Lartey Adams and Tetteh Adams to institute this action.

I know the Defendant in this case. My late father told me that he leased a portion of his land. The lease was for 25 years. The lease started in 1987 and it expired in 2012. I made the Defendant aware that her lease had expired. I requested her to vacate the land. The land is located opposite La Wireless Station in Accra. I have a site plan of the land. The site plan is tendered and marked as Exhibit ‘B’. My late father had a document on the land. I have in my hand an indenture on the land. The indenture dated 3rd December, 1959, is tendered and marked as Exhibit ‘C’. I have not seen any document that says that my father had transferred the land to the Defendant.

I have a search report from the Lands Commission. The search report is tendered and marked as Exhibit ‘D’. The land leased to the Defendant had buildings and structures on it. There were 6 mud apartments. I pray for the reliefs contained in the endorsement of the writ because the lease has expired.

End of Evidence in Chief

End of Plaintiff’s Case

BY COURT: JUDGMENT

On or about 10th August, 2016, Plaintiff obtained an Interlocutory Judgment upon an application for judgment in default of defense. As Plaintiff’s claim included declaratory reliefs, the need for Plaintiff to adduce evidence to warrant the declaration of the Court became indispensable. Accordingly, the case was adjourned and a hearing notice was ordered to be served on the Defendant.

The Defendant was subsequently served, albeit through the learned lawyer for the Defendant on record, but unfortunately, the Defendant failed to avail herself of the opportunity offered her to contest the case of the Plaintiff. Having been served and yet absenting herself, the Court proceeded to hear the Plaintiff, the absence of the Defendant notwithstanding.

Plaintiff, one of the administrato