FAUSTINA DZEKETY v. RICHARD AFFRAM

Plaintiff/Applicant herein through her Counsel filed an Application for leave to

serve interrogatories on Defendant/Respondent under Order 21 rule 1(1) of C.I 47.

This was filed on 27th of May, 2022.

This Application emanates from an action commenced by Plaintiff in this suit on the

11th of February, 2022 praying for the following reliefs;

a) A Declaration that House No. 127b & C/N3/C2 Tema is the bonafide property

of the Late Margaret Ahadji and the Plaintiff and her siblings have beneficial

interest therein.

b) An order of the Court to set aside any purported sale of property number 127b

& C/N3/C2 Tema to the Defendant by Justice Adzika and declare same a

nullity.

c) Injunction to restrain the Defendant his agent, servants, assigns etc. from

interfering with the Plaintiffs possession of the property aforesaid either by

herself or her tenants, to restrain the Defendant from interfering with the

Plaintiff’s enjoyment of the property in dispute and to

d) Restrain the Defendants from ejecting the tenants.

e) Further or any other order(s) as this Court may deem fit.

Plaintiff/Applicant contends that Defendant/Respondent in his defence states that he

bought the disputed property from Justice Adzika also known as Justice Mawuli

Adzika for valuable consideration.

That Justice Mawuli Adzika has been recognized as the new owner of the property.

Also, Plaintiff and her sibling from the same side were given their late mother’s

house at Anloga after her death as part of her Estate. It is in the light of this that, he

has filed the instant Application for Defendant/Respondent to answer the

interrogatories (Exhibit A) which according to him will assist the Court to

expeditiously dispose off the matter before it.

The following are what Exhibit A state:

i. The specific date and time of the transaction leading to the purchase of the

property.

ii. The specific date(s) on which the Defendant allegedly made the

payment(s) for the property to Justice Mawuli Adzika.

iii. Whether the said payment(s) were documentarily acknowledged by Justice

Mawuli Adzika.

iv. The total valuable consideration (ie. is the amount) for the property paid

by the Defendant to Justice Mawuli Adzika.

v. Whether the transaction was documented or covered by a sale and

purchase agreement.

vi. The property number and its location given to the Plaintiff and her sibling

from the same side by her late mother and when.

vii. Evidence of the recognition of Justice Mawuli Ad