CHALLENGE ENTERPRISES OF GHANA VS NII JABUTSE
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWABENA ASUMAN-ADU
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff filed a case against the defendant to claim title to a piece of land and seek various forms of relief including damages. Despite an initial appearance, the defendant failed to contest, resulting in a default judgment that required the plaintiff to subsequently prove title and serve the defendant, which led to substituted service. The plaintiff demonstrated prolonged possession and ownership through physical marks and uncontested evidence, leading the court to rule in the plaintiff's favor on all counts, awarding title, injunctive reliefs, and damages of GH₵20,000.
Plaintiff commenced the instant action by issuing a writ of summons and statement of claim against the defendant on 15th April, 2013 for the following reliefs:
a. Declaration of title to all that piece of land measuring 52 feet by 155 feet and a total land area of 0.18 of an acre more or less lying at Kokrobite in the Greater Accra Region of the Republic of Ghana.
b. An order for the recovery of possession of the said land.
c. An order of perpetual injunction to restrain the defendant by himself or his agents, assigns, servants, and workmen from further trespassing on the plaintiff’s land.
d. An order of mandatory injunction to compel the defendant to remove the gates and foundation he has erected on the plaintiff’s land.
e. Damages for trespass.
f. Cost including solicitors' fees.
The defendant filed a conditional appearance on 25th April, 2013 but neither filed a motion to set aside the writ nor filed his statement of defense. The plaintiff, therefore, filed a motion on notice for interlocutory judgment in default of defense on 28th November, 2014. This court, differently constituted, granted the motion for interlocutory judgment in default of defense on 5th February, 2015, and the case was adjourned to 12th March, 2015 for the plaintiff to prove its title to the disputed land.
The plaintiff could, however, not give evidence as ordered by the court. On 12th May, 2016, the case came before me for determination, but it was observed that the defendant had not been served with the order of interlocutory judgment and a hearing notice. The court, therefore, ordered that the plaintiff should take steps to serve the defendant with the order and a hearing notice, and the case was adjourned to 22nd June, 2016 for the plaintiff to prove its title.
The plaintiff could, however, not serve the defendant with the relevant processes after making three attempts to serve the defendant, so the plaintiff filed a motion for substituted service of the processes, which was granted by this court on 9th June, 2016. The court, therefore, ordered that the defendant be served with the order of interlocutory judgment dated 5th February, 2015, and a hearing notice per substituted service as follows:
a. On the High Court Notice Board, Land Division, Accra.
b. On the land, the subject matter of the dispute.
c. On the last known place of abode of the defendant at the house adjacent to Kokrobite football park, Kokrobite, Accra.
d. One publication of the processes in the Dail