KOFI ATTAH AYENSU VS SEIDU ALHASSAN & ORS
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, NABEELA NAEEMA WAHAB J. (MS.)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff filed a suit seeking to claim title over a disputed land in Oyibi, Accra, but due to inaction, the suit was struck out in March 2021. The plaintiff later sought restoration of the suit, citing health issues as the cause of delay. The court determined that there was no good and sufficient cause for the delay, lack of good faith, and that previous proceedings without notifying all defendants were invalid. The application to relist the suit was therefore denied.
I. BACKGROUND
1. By a Writ and Statement of Claim filed on 9th October 2019, the Plaintiff instituted an action against four Defendants in respect of a parcel of land stated to be situate at Oyibi, in Accra and measuring approximately 10. 81 acres.
2. It is the case of the Plaintiff that he acquired the subject land from the Head and Principal elders of Nii Moi We of Oyibi.
He stated that immediately after acquiring the subject land he erected corner pillars and engaged the services of a caretaker to ward off trespassers.
The Plaintiff added that he also registered the subject land after acquisition and obtained a Land Title Certificate.
3. It is the further case of the Plaintiff that he was outside Ghana receiving medical treatment when his caretaker informed him that the Defendants were engaged in development activities on the subject land.
The Plaintiff stated that the conduct of the Defendants were reported to the police, but the Defendants who are businessmen and trespassers will not heed the several warnings to stop development works on the land unless the Court intervenes, hence the action.
4. By his action the Plaintiff sought inter alia a declaration of title to the subject land, recovery of possession and an order of perpetual injunction to restrain the Defendants, their workmen and all persons claiming through them from interfering with the land.
5. The Defendants were served with the Writ and Statement of Claim by substituted service, but no Notice of Entry of Appearance was filed.
CONDUCT OF THE SUIT WITHOUT NOTICE TO THE 1ST – 4TH DEFENDANTS 6. The suit came to the attention of the 5th Defendant who applied to be joined to the suit.
In the affidavit in support of the application for joinder filed on 10th January 2020, it was the case of the 5th Defendant that the subject land belongs to the Chief and people of Saasabi, that the subject land forms part of Tema land and it does not belong to the Plaintiff.
He added that the 1st to 4th Defendants are lessees of the 5th Defendant.
The Court granted the application and an Amended Writ and Statement of Claim was filed on 12th February 2020 to reflect the order for joinder of the 5th Defendant made by the Court.
On the same day, 12th February 2020, the Plaintiff also filed an application for interlocutory injunction seeking to restrain the Defendants from interfering with the subject land pending the final determination of the suit.
7. There is no evidence on record that the 1st to 4th Defendants w