MARGARET DUNCAN-WILLIAMS & ANOR vs EDWARD DUNCAN-WILLIAMS
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a dispute over property ownership and judgment enforcement. The court granted reliefs to the Plaintiffs, including a property transfer and monetary recovery. The Defendant sought to stay the execution of the judgment and set aside the writ of possession, claiming the property had been gifted to him. The court found that fraud allegations require strict proof and that the Defendant's claims did not meet the necessary legal standards for a valid gift. The court declined the Defendant's application, upholding the judgment in favor of the Plaintiffs and awarding costs against the Defendant.
Background:
[1] The facts of this case are free from complexity.
On July 27, 2016 this Court presided over by His Lordship, Mr. Justice E. F. Dzakpasu granted the Plaintiffs/Respondents claim for reliefs endorsed on their Writ as:
i. Declaration that Defendant fraudulently made 2nd Plaintiff to sign papers transferring the land on which Defendant built House No. 42, Mensah Wood Road, East Legon, Accra into his name;
ii. An order that Defendant complies with the agreement between the parties by replacing 2nd Plaintiff’s land with another land at East Legon together with a fence Wall and foundation for two three-bedroom houses, or in the alternative an order declaring 2nd Plaintiff the owner of House Number 42, Mensah Wood Road, East Legon, Accra;
iii. Recovery of £15, 000 or its Cedi equivalent being the balance of £32, 000 1st Plaintiff gave to Defendant.
[2] The Plaintiff/Applicant filed an Entry of Judgment and after over five years according the Plaintiffs the Defendant was served with same on October 30, 2017. For the record the Defendant did not file an appeal against the decision neither is the decision set aside.
From the affidavit the Plaintiff filed a Writ of Possession and same was granted by this Court differently constituted to enforce the judgment, but the Defendant/Applicant has brought the instant application titled“Motion on Notice for Stay of Execution and to Set Aside Writ of Possession”.
[3] In the affidavit in support the Applicant says the judgment granted against him was “an either or judgment” and that “in compliance with the first set of alternatives I duly conveyed title to my mother 1st Plaintiff herein.
See attached copy of Deed of Agreement Ex B”. Mr. Duncan Williams has also deposed that “following the satisfaction of the judgment as per the conveyance, there is no legal basis for the writ of possession”. According to him “the 2nd Plaintiff says she has not instructed any lawyer to go for any writ of possession to enforce that judgment (see attached copy of affidavit of 2nd Plaintiff here as Ex C”.
[4] The Applicant has attached an “Affidavit of Theresa Abakah”. The affidavit states that “my attention has been drawn to this suit, bearing my name as 2nd Plaintiff”. It further states that “I have heard that in my name a certain lawyer has applied for and obtained a writ of possession and is trying to execute same.
I am completely overwhelmed”. I am over 90 years old, living quietly in Kumasi.
I have not instru