KOFI KYEI YAMOAH-PONKOH & ORS. v. ASOMDWE HOUSE COMPANY LIMITED

JUDGMENT

The subject matter of the instant suit is ownership of a shopping complex at Anomangye-Nkwanta within the Kumasi Metropolis which has been the subject of several previous actions. In this particular action, the three plaintiffs sued for themselves and on behalf of 29 other shop owners claiming the reliefs as set out below:

a. Declaration that the plaintiffs and for that matter the occupiers are the rightful owners of the respective shops they occupy.

b. Declaration that any purported Tenancy Agreement executed between the occupiers and the defendant or its predecessor is null and void.

c. Damages

d. Any further order or other relief(s) as shall be just in the circumstances of this case.

e. Perpetual Injunction restraining the defendant from in any way interfering with the plaintiffs' right of quiet enjoyment.

THE PLAINTIFFS' CASE

The plaintiffs' case as gleaned from their statement of claim filed on 14/09/2010 is that prior to the construction of the shopping complex in issue, some of them were trading in kiosks at the same location. After some consultations between KMA, the school authorities and the traders in the year 1998, it was agreed that these traders make contributions to prefinance the construction of the stores; and after the construction each trader was to be allocated the stores that stand on the site they operated. The plaintiffs asserted that the initial occupants were levied GH¢700.00; outsiders were levied GH ¢900.00 and later on GH¢1,200.00 for some of the stores. It is also the plaintiffs case that it later came to their notice that a group of people had clandestinely formed a company, GABBAT CO. LTD, and had used that name to register the lease covering the land on which the building stands. It also came out, according to them, that some of their members who had been delegated to go to the Lands Commission to sort out issues after the latter had ordered them "to stop work" are the persons who had formed the company complained of. Their names were given as Takyi Brefo, Akwasi Amanfo, Daniel Bonsu and George Baffour Owusu Afriyie. Some of the contributors took legal action which culminated in a settlement. The plaintiffs further contended that some people have formed the defendant company herein and the said company has claimed ownership of these shops; which in their view is wrong.

THE DEFENDANTS CASE.

The defendant's case is that sometime in the year 1999, it entered into an agreement with the Lands Commission whereby