CHARLLOTE AMY SAWYERR (MRS) v. SABAT MOTORS & OTHERS

In 1958 the family of the Plaintiff executed a Deed of Lease in which the said family leased to R.T. Briscoe (Ghana) Limited a parcel of land situate, lying and being in Accra which was then part of the Eastern Region of Ghana.

Subsequently, in 1976 the Government of Ghana acquired and vested in the State of Ghana all rights, assets and properties of the company called R.T. Briscoe (Ghana) Limited. Later, the Government of Ghana transferred the said assets, rights and properties of R.T. Briscoe (Ghana) Limited, which had been acquired and vested in the State to a company called Automotive and Technical Services Limited (hereinafter referred to as ATSL).

ATSL was subsequently placed on divestiture by the Divestiture Implementation Committee (hereinafter referred to as DIC). The 1st Defendant thereafter acquired ATSL. Before the acquisition by the 1st Defendant however, the Plaintiff’s family had sued ATSL at the High Court Accra to which action, DIC and the 1st Defendant applied successfully to join. The 1st Defendant and the Plaintiff settled the case as between them and filed terms of settlement which was adopted by the court as consent judgment. In the course of time, DIC sued the 1st Defendant which also filed a counter claim and later obtained judgment in the said suit. The 2nd Defendant herein in his capacity as the Registrar of the Court was ordered to execute a Deed of Assignment of the properties subject matter of the 1958 lease in favour of the 1st Defendant.

It is the execution of the Deed of Assignment by the 2nd Defendant herein and the purported takeover of the properties in question by the 1st Defendant herein that drove the within named Plaintiff to issue the instant writ of summons claiming against the Defendants:

“i. A declaration that the Akilakpa Sawyerr Family, represented by Mrs. Charlotte Amy Sawyerr are owners of the property registered in the Deeds Registry, Accra as DR No.2693/1958.

ii. Delivery up and cancellation of an Assignment executed by the Chief Registrar of the High Court, Fast Track Division as being in excess of the direction of Justice N.M.C. Abodakpi on the 13th August 2009, following the judgment of 15th August 2009 by Justice P.K. Gyaesayor in Suit No. AC71/04 instituted Divestiture Implementation Committee vs. Sabat Motors Ltd. & other.

iii. Perpetual injunction to restrain Sabat Motors Ltd. its agents, assigns workers and servants from interfering with ownership of the Akilakpa Sawyerr Family in the property