FLORENCE AMPADU VS JANET BOATENG & ANOR
January 21, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE NICHOLAS M. C. ABODAKPI
Areas of Law
- Civil Procedure
- Property and Real Estate Law
January 21, 2019
HIGH COURT
GHANA
CORAM
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TERMS OF SETTLEMENT WHEREAS:
A) The Plaintiff instituted this action against the 1 st and 2nd Defendants on 3rd November, 2017 for the reliefs endorsed on the Writ of Summons and Statement of Claim;
B) The 1 st and 2nd Defendants entered appearance to the suit and subsequently filed their Statement of Defence and Counterclaim against the Plaintiff;
C) The Parties have agreed to settle this matter amicably, and have entered into terms stated hereunder.
NOW THESE TERMS OF SETTLEMENT WITNESS AS FOLLOWS:
1. That after the final funeral rites of the 1st Defendant, Madam Janet Boateng (deceased) now substituted with Christiana Moore, the family met on the 20th of November, 2018 at House Number TA DMB 132, Taifa Accra to take stock and to resolve perceived problems and differences between the Plaintiff and 2nd Defendant.
In attendance were Mr. Kwame Boateng @ IGP who is the family head, Mrs. Florence Ampadu the Plaintiff, Mr. George Kwaku Abeka Essien the 2nd Defendant, Mrs. Florence Moore the substituted 1st Defendant, Mr. Raymond boating Plaintiff’s son and other family members.
2. That it was resolved and accepted by the Plaintiff and Defendants that Madam Janet Boateng (deceased), the biological mother of Plaintiff and 2nd Defendant herein is the owner of the disputed land, that is House Number TA DMB 132 lying and situated at North Taifa – Accra containing an approximate area of 0. 16 acre.
That she bought the land in 1987 from the Aryikwei Agba Family of Accra and Kwabenya.
3. That the family succeeded in settling all perceived differences between the Plaintiff and the Defendants regarding the ownership of House Number TA DMB 132, Taifa Accra.
4. That Madam Janet Boateng (deceased) constructed a two bed room apartment on the said land for her dwelling and that she lived in the said two bed room apartment until her death in August, 2018. 5. That 1st Defendant permitted the 2nd Defendant to construct a one storey building apartment attached to her two bed room apartment on the same land.
6. That out of love for her two children (Plaintiff and 2nd Defendant respectively), 1st Defendant gave House Number TA DMB 132, Taifa Accra to the Plaintiff and 2nd Defendant to have and to keep jointly as a gift.
That gift tax was duly assessed and paid to the state accordingly.
7. That it was agreed that House Number TA DMB 132, Taifa, Accra should be shared equally between the Plaintiff and the 2nd Defendant respectively.
8. That it was agreed that th
AI Generated Summary
Florence Ampadu sued George Kwaku Abeka Essien and the 1st Defendant over ownership and use of House Number TA DMB 132 at North Taifa, Accra. After their mother, Madam Janet Boateng, passed away, a family meeting on 20 November 2018 confirmed that Janet owned the 0.16-acre parcel purchased in 1987 from the Aryikwei Agba Family. Janet had built a two-bedroom dwelling and permitted George to construct an attached one-storey building. Janet had gifted the property jointly to Florence and George, and gift tax was paid. The terms of settlement provided equal sharing of the property: Florence’s two-bedroom side and George’s one-storey side. Florence offered to sell her side for GH¢50,000; George accepted, paying GH¢10,000 upfront and GH¢40,000 over one year. Tenants’ occupancy and vacant possession were addressed, and George agreed to release land title certificate No. GA.33130 (Ashalaja) to Florence. The substituted 1st Defendant, Christiana Moore, consented. The High Court examined the duly executed terms, entered consent judgment, accepted the payment arrangement, struck out the action as settled, and made no order as to costs.