NII OKWEI KINKA DOWUONA VI VS BARCLAYS BANK (GH.) LTD & ORS
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE ANTHONY OPPONG
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case revolved around expired leases on plots 53 and 54 in Osu Mantse layout. The Plaintiff, suing on behalf of the Osu Stool, sought possession and declarations against the Defendants, including the lands reverting to the Stool after lease expiration. The court upheld the Stool's claim, directing Defendants to recognize the Plaintiff as the legitimate lessor, and restrained them from interfering with the Stool's interests. Costs were awarded against the Defendants.
Pursuant to an order dated 7th July 2017 of the Court joining the 2nd and 3rd Defendants to the suit, an Amended Writ of Summons was filed by the Plaintiff on 22nd August 2017. By the Amended writ, Plaintiff states that he is the Paramount Chief of Osu Stool and, in accordance with Order 4 Rule 9 of the High Court (Civil Procedure Rules) 2004, (C. I. 47), sues Defendants in that capacity as the Paramount Chief of Osu Stool for himself and on behalf of the Osu Stool.
The reliefs sought were: a. A declaration that the lease dated 26th day of May 1939 on plots 53 and 54, 5th Avenue, Osu Mantse’s layout, European Residential Area, Osu, Accra, between Plaintiff Stool and Barclays Bank (Dominion Colonial & Overseas) has expired and the plots together with the buildings thereon automatically and absolutely vested in Plaintiff Stool in accordance with Clause 9 of the said lease.
b. An order for recovery of possession and ejectment of 1st Defendant herein, its workers, agents, servants, assigns or any person(s) claiming through them on Plots nos.
53 and 54, 5th Avenue, Osu Mantse’s layout.
European Residential Area, Osu, Accra less the portion granted by plaintiff stool to Samuel Sey.
c. Perpetual injunction restraining the Defendants herein, their assigns, servants, workers or any person(s) claiming through them from granting, entering, occupying or interfering in any manner the plots Nos.
53 and 54, 5th Avenue, Osu Mantse’s layout, European Residential Area, Osu, Accra with the buildings thereon and any other plots within the Third (III)Schedule of the Deed of Exchange and in accordance with the provisions therein d. A declaration that it is unlawful and unconstitutional and void to selectively and discriminately apply the E. I. 108 of 1964 to only Plaintiff stool’s properties e. An order to defendant to pay all rents arrears being equivalent current rental value due under the expired lease with interest till date of final payment f. Mesne profit g. Cost. It is noted that the Lease Agreement was between Osu Stool on one hand and Barclays Bank (Dominion Colonial & Overseas) on the other hand.
In paragraph 3 of the Amended Statement of Claim Plaintiff averred that Barclays Bank of Ghana Limited is a successor to the Barclays Bank (Dominion Colonial& Overseas) and that was unambiguously admitted.
No issue was therefore joined as to whether 1st Defendant is the proper party to be sued by Plaintiff Stool in respect of the subject property.
In any event, by vi