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JUDGMENT
The plaintiff commenced the instant suit against the defendants on the 28/9/2020, and
claimed the following reliefs.
1. A declaration that, the plaintiff entered into a land purchase agreement or contract
with the deceased, Moses Yao Fianyo known to the defendants covering a land in
the Dangme West District, Odumase in the Greater Accra Region to be given him
or allocated to him by his employers, the Ghana Highway Authority.
2. A declaration that, the plaintiff paid a total amount of GH¢4,000.00 less GH¢121.00
pending the final preparation of the landed documents on the land.
3. A declaration that, the defendants and other beneficiaries to the estate of the
deceased are only entitled to the balance of GH¢121.00.
4. An order directed at the Ghana Highway Authority to re-allocate the said plot of
land, Plot No. 13 due the late Moses Yao Fianyo to the plaintiff and not the
defendants or successors of the deceased.
5. Declaration of title in the plaintiff of the said Plot No. 13.
6. Perpetual Injunction restraining the defendants, their assigns, privies, workers,
agents, servants and anybody at their behest from ever having anything doing
with the said Plot No. 13.
7. Punitive cost.
Initially the defendants failed to respond to the suit as required under Order 9 of C.I. 47of
the High Court Civil procedure Rules of 2004 compelling the plaintiff to proceed with an
application for Interlocutory Judgment in default of appearance. However that default
judgment was set aside by the court and the defendants who appeared unrepresented,
were ordered to file a late appearance and statement of defence within 2 weeks. They
complied.
From their respective defence filed on 15/1/2021, they each denied plaintiff’s claims and
put him to strict proof thereof. The 1st defendant counter-claimed against the plaintiff as
follows;
1. Declaration of title, recovery of possession and perpetual injunction to restrain the
plaintiff his assigns from having anything to do with the land at Dangme West
District Odumase in the Greater Accra Region allocated to the deceased Moses Yao
Fianyo by his employee, Ghana Highway Authority (Plot No. 13).
2. Declaration that the alleged transaction between the plaintiff, the deceased Moses
Yao Fianyo and 2nd defendants herein is fraudulent and hence same is null and
void.
3. Punitive cost.
4. Any further order or orders as the court deem fit.
ISSUES RAISED BY PLAINTIFF FOR THE COURTS DETERMINATION
At clos