MS ANNIE MARIE EKUBA ADE vs MR. THEOPHILUS ODONKOR & AMOR

Plaintiff’s case is that her mother died in December 2008 when she was about Twenty-Six(26) years of age.

Realizing her vulnerability at that time in her life, 1st Defendant approached her and offered to take care of her, as his daughter.

Plaintiff claims that although she took 1st Defendant as a father figure in her life, he eventually seduced her.

In the relationship that ensued between them, she informed 1st Defendant of her decision to acquire two (2) plots of land at Oyibi and the 1st Defendant offered to transact with the land owners on her behalf in order to protect her interests.

She thus gave him an amount of Six Thousand Ghana Cedis (GH¢6, 000. 00) which she withdrew from her Prudential Bank account for payment of the two (2) plots of land.

To her consternation however, the documents on these two (2) plots of land were prepared in the 1st Defendant’s name and when she protested, the 1st Defendant claimed it was a mistake and assuaged her fears by assuring her that he would later effect a transfer into her name.

Subsequently, she decided to acquire another half plot of land at Agbogba and, with her encouragement, the 1st Defendant also bought the remaining half plot for himself.

According to the Plaintiff, the 1st Defendant again, had the two (2) half plots of land registered in his name although he was the owner of only one half.

This led to another disagreement between her and the 1st Defendant but nothing came out of it, until, one day, she seized the document from the 1st Defendant when a trespasser came onto the land.

Plaintiff further claims that she applied for overdraft facilities from her bankers which she used to construct an uncompleted two-storey building on the half plot of land at Agbogba.

According to the Plaintiff, the 1st Defendant, in violation of the trust and confidence she reposed in him, has sold her property to the 2nd Defendant.

Wherefore, Plaintiff claims against the Defendants the following reliefs; 1. A declaration that the property, which is a two storey building on the half plot located at Agbogba, which is in the name of the 1st Defendant is being held in Constructive Trust for the Plaintiff.

2. An Order that Defendants transfer the half plot of land at Agbogba with the uncompleted building to the Plaintiff.

3. An order declaring the purported sale of the property to the 2nd Defendant as null and void and of no effect and conferring no legal and beneficial interest onto the 2nd Defendant.

4. An order