LAUD ANYETEI ANNANG v. KPOGAS STANDARD FURNITURE & ANR.

BY COURT:

The Plaintiff by his Writ issued on 13th October, 2008, claimed for himself and other siblings and beneficiaries of his deceased father the following reliefs

(as on the writ):

1. Order of Declaration of Title/Ownership to Plaintiff of all that piece and parcel of land of 0.22 acres at La, opposite Trade Fair the subject matter of the instant suit as in the Statement of Claim, and bounded on the West by existing road and measuring 113 feet on the North by the Main Giffard Trade Fair Road and measuring 120 feet, on the South by Land of K. A. Laryea measuring 100 feet and on the East by land of Sowah and measuring 74 feet.

2. Order of Declaration that the sale agreement between 1st and 2nd Defendant is null and void and be set aside of being of no effect.

3. Further Order of Recovery of possession of same by Plaintiff.

4. Order of Declaration of Perpetual Injunction against Defendants and their agent.

5. General damages.

6. Cost.

The Statement of Claim that accompanied the Writ disclosed that the Plaintiff’s deceased father had a lease from Nii Adjei Boahen, and same was registered at Lands Commission and issued with Land Title Certificate No GA15566.

That in 2001, the 2nd Defendant approached his late father with a fictitious and fraudulent document for an assignment of a part of the land aforesaid, measuring 120 feet by 100 feet. That 0.22 of an acre of his father’s land, measuring 0.32 of an acre was assigned to the 2nd Defendant. By paragraph 3 of the Plaintiff’s Statement of Claim, the document that covered the transaction between the Plaintiff’s father and the 2nd Defendant was described to be fictitious and fraudulent. That his late father’s signature was procured by fraud. The particulars of fraud was pleaded and will be referred to in due cause.

The 1st Defendant entered appearance and filed a defence to the claim and counter-claimed as follows:

a) Declaration that the transaction between first Defendant and second Defendant is lawful and valid.

b) Declaration of title.

c) Order of Perpetual Injunction against Plaintiff and his agents and assigns restraining them from interfering with first Defendant’s lawful enjoyment of its property.

d) Damages.

e) Cost.

The 1st Defendant’s case as disclosed by its statement of defence is that it entered into a sales transaction with 2nd Defendant after it had conducted due diligence. It also pleaded that it was not a