DJATO LAWERTEY v. NUEKI KWETEY
2013
COURT OF APPEAL
GHANA
CORAM
- H. ABBAN, (MRS.) J.A (PRESIDING)
- P. K. GYAESAYOR, J.A
- K. GYAN, J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In 1982, the plaintiff purchased land with an eleven-bed wooden structure from the defendant for $50,000, permitting her to reside in one room. Two years later, the defendant contested the sale, claiming the property belonged to her father, and was fined for her actions. The plaintiff sought legal redress for unlawful occupation, trespass, and recovery of possession. The High Court ruled in favor of the plaintiff, declaring him the lawful owner and rejecting the defendant's counterclaim. The defendant appealed, alleging a miscarriage of justice and insufficient evidence. The appeal was dismissed, affirming the High Court's decision, while emphasizing the burden of proof for counterclaims and favoring documentary evidence over oral testimonies.
GYAESAYOR, JA
Sometime in 1982 the plaintiff/respondent hereinafter plaintiff bought a piece of land from the defendant/appellant (hereinafter called the defendant) at Ashiaman with an eleven bed room wooden structure.
called In all he paid an amount of $50,000 as the purchase price but allowed the seller to remain in one room on humanitarian grounds.
After the sale to him, the defendant caused a letter writer to write a receipt in respect of the sale and also made a statutory declaration to the Tema Development Corporation (TDC) informing them of the transfer of her interest in the said land to the plaintiff.
Some two years later the defendant who sold the building alleged that she had no right to do so and that the plot and building belonged to her father Nene Kwetey Okuben.
The defendant was reported to the police by her father who arrested her and put her before the Tema Magistrate Court where she pleaded guilty and was fined $300,000.
When the plaintiff realized that defendant would not leave the house, he took action in the High Court, Accra endorsed with the following;
a. A declaration that in the light of the fact that the defendant sold H/No.W/S292 situate at Ashiaman to the plaintiff, the defendants occupation of a portion of the said H/No.W/S292 notwithstanding plaintiff's demand that the defendant vacate the portion of the House occupied is unlawful.
b. General damages for trespass.
c. Perpetual injunction restraining the defendant, her agents, assigns, privies, workmen, servants and all people claiming through the defendant from entering and dealing in any manner with plaintiff's H/No. W/S292 the subject matter of this suit.
d. Recovery of possession.
The defendant by paragraph 2 of her amended statement of defence averred that "Paragraph 3 of the statement of claim is categorically and unequivocally denied and in further answer to which the defendant will contend that the purported sale of property No.W/S 292 Ashiaman was a nullity because the purported property sale and the transaction took place without the knowledge authority nor consent of the father of the defendant the owner of the house". In essence, the defendant admits that there was a sale of the property in dispute by her to the plaintiff but now seeks to say that she not being the lawful owner of the property and having authority to sell it did not legally pass title to the plaintiff.
Indeed she proceeded to file a counterclaim in which she said she would lead evidence