KINGSLEY DARKO v. AWONYE AKORLEY & ORS
2016
HIGH COURT
GHANA
CORAM
- ALEXANDER OSEI TUTU J.
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Equity and Trusts
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
In this case, the plaintiff claimed to have purchased a house from the deceased Ayerh Oberko, while the defendants, family members residing in the house, contended that it was a family property they had managed for years. The court found that Ayerh Oberko did not own the property at the time of the alleged sale, and plaintiff's evidence of consideration and transfer was inconsistent and unclear. The court dismissed both the plaintiff's claim and the defendant's counterclaim, finding neither party could adequately prove their case. Important legal principles clarified include the burden of proof in civil claims, the nemo dat quod non-habet rule in property transfers, and the criteria for invoking the defense of a bona fide purchaser. The judgment emphasized the need for clear and consistent evidence to support claims of property ownership and transfer.
JUDGMENT
The plaintiff claimed to have purchased House Number B40 situate at Ashaiman from the late Ayerh Oberko on 17th October, 2010 as per his statement of claim. Defendants were the gratuitous licensees of his late transferor who were introduced to the plaintiff. Ayerh Oberko told them that plaintiff was their new landowner before he died in February 2012. After his funeral, plaintiff notified the defendants to vacate the premises but they refused to give vacant possession and would not, unless compelled by the Court to do so. The court has always been the last hope of any aggrieved person and does not shy away from ensuring justice when invited to do so. Dotse JSC in the unreported case of Francis Yirenkyi v. The Republic; Criminal Appeal No. J3/7/2015, dated 17th February, 2016, SC stated:
“The one place where a man ought to get a square deal is in a courtroom, be he any colour of the rainbow.”
It is against that backdrop that the plaintiff commenced the present action on 27th June 2012 per his lawyer, Paul K. Opoku Esq. of Allotei Mingle & Co. asking for:
a. An order directed at the defendant to vacate the said premises and give vacant possession of same to the plaintiff.
b. Costs of the suit herein.
Defendants disagreed with the plaintiff on his claim that Aryeh Oberko owned the property and did sell it to him. Therefore, when they were served with the writ, Defendants immediately caused their lawyer, Affum Agyepong to enter an appearance and a defence. They added a counterclaim against the plaintiff as follows:
a. A declaration that the property i.e. H/No. B40 Ashaiman near Weekend Bar Ashaiman is the property of Akornor Family of New Ningo.
b. Recovery of Possession.
c. Perpetual Injunction to restrain the plaintiff, his servants, workmen and anybody claiming through him from having anything to do with the property interfering with the subject matter of this dispute pending the final determination of this suit.
It is worthy to note that both parties changed their initial counsel along the line. Whereas the plaintiff engaged Silas Osabutey Esq. in place of Paul K. Opoku, the defendant went in for Eric Asuman-Adu Esq. I commend these new counsel for their commitment to the trial.
After the close of pleadings, His Lordship Kyei Baffour on 28th November, 2013 set the following issues down
i. Whether or not at the time plaintiff bought the house the subject matter of this suit, the house legitimately and lawfully belonged to the said Aryeh