ENOCH SIAW ANGMLERH v. EMMANUEL TETTEH OGLIE & ANOR
2012
HIGH COURT
GHANA
CORAM
- EMMANUEL TETTEH OGLIE
Areas of Law
- Contract Law
- Property and Real Estate Law
- Civil Procedure
- Equity and Trusts
2012
HIGH COURT
GHANA
CORAM
AI Generated Summary
After the death of Justice Gyamera Tawiah, the Chief Justice transferred a land dispute from the High Court in Tema to be concluded by Samuel Marful-Sau, sitting as an additional High Court Judge. The record was completed and proceedings were adopted. The plaintiff, Enoch Siaw Angmlerh, had leased two plots at Kpone–Ngmlitsakpo from the Oglie family for GH¢2000, evidenced by a receipt. A dispute ensued; the deceased 1st defendant, Nii Daniel Tetteh Oglie, ordered Angmlerh to leave the village, and the leased land was taken by another person. The 2nd defendant failed to replace the land. The court held the declaratory claim abated with the 1st defendant’s death. Relying on Exhibit A and equitable considerations, the court ordered a refund of GH¢2000 with simple interest from July 2004 at the prevailing rate and awarded costs of GH¢2,500.
By an order dated the 24th November 2009, the Honourable Chief Justice transferred this suit from the High Court, Tema to me as additional High Court Judge to continue the trial in view of the death of the late Justice Gyamera Tawiah.
Hearing of the case had ended before the death of Justice Gyamera Tawiah but judgment had not been delivered.
The record of proceedings which was transferred had gaps so same was remitted to the Registrar of the High Court, Tema for the gaps to be filled to make the record complete.
This was done and both parties agreed that the proceedings taken before the late Justice Gyamera Tawiah be adopted.
As at this time the original 1st defendant Nii Daniel Tetteh Oglie who had testified for himself and the 2nd defendant had died and after a series of adjournments he was substituted by Emmanuel Tetteh Oglie on the 23rd January 2012 by an order of this court.
By the writ of summons which was amended as a result of the substitution of Emmanuel Tetteh Oglie, the Plaintiff claimed the following:-
“1. Against the 1st Defendant:-
a) A declaration that he 1st Defendant’s order that the plaintiff should remove all his belongings and leave the 1st defendant’s village is unlawful.
b) Perpetual injunction to restrain the 1st defendant by himself, his servants, agents, personal representatives and all those who claim by, through or in trust for him seeking to eject or ejecting or in any way interfering with the plaintiffs stay at Kpone – Ngmlitsakpo.
2. Against the defendants jointly and severally
a) The replacement value of the two plots of land which the 2nd defendant promised to replace but has failed to do so.
b) Costs.
The facts of the case are that the plaintiff who had lived and served the original 1st defendant for about 23 years was able to construct a building on a piece of land granted to him by the said original 1st defendant.
In 2004 the plaintiff approached the 2nd defendant who always acted for the original 1st defendant in the alienation of lands belonging to the original 1st defendant for two plots of land.
The land which was situate at Kpone-Ngmlitsakpo was leased to Plaintiff for 50 years at a consideration of GH¢2000.00 (Twenty million old Cedis.) After this transaction plaintiff’s family had a problem with the defendants whereupon the 1st defendant ordered the plaintiff to leave the defendants village.
The plaintiff later visited the land leased to him and found that someone was developing it.
He made a comp