NIU YONGJUN v. SOCIAL SECURITY AND NATIONAL INSURANCE TRUST AND REBECCA AMA ANSAH

JUDGMENT

FACTS

The plaintiff originally caused a Writ of Summons with an accompanying

Statement of Claim to be issued against the defendant. Per an order of the

Court dated 28th July, 2021, the Court, based on the pleadings, suo motu

joined the second defendant as a necessary party to the suit. The Plaintiff, per

a consequential order for amendment to the order for joinder, filed an

Amended Writ of Summons and Statement of claim on 3rd August, 2021 and

claims against the defendants as follows;

a. An order to revoke the purported sale of Garage No. 58 at SSNIT flats,

Community 3, Tema by the first defendant to the second defendant.

b. An Order of specific performance directed at the 1st defendant to effect

a change of ownership of Garage No. 58 at SSNIT Flats, Community 3,

Tema to the plaintiff.

c. An order for recovery of possession of Garage No. 58, SSNIT Flats,

Community 3, Tema.

d. General damages

e. Costs including legal costs.

f. Any other reliefs as this Honourable Court may deem fit.

THE PLAINTIFF’S CASE

The plaintiff in his statement of claim states that he is a Chinese businessman

resident in Ghana and describes the first defendant as an agency of the

government of Ghana administering the National Pension Scheme. The 2nd

defendant is also a Ghanaian residing in the adjoining flat next to the

Plaintiff’s flat in Tema. The plaintiff avers that the 1st defendant developed an

estate of flats at Community 3, Tema known as SSNIT Flats, Site A, together

with a number of garages attached to some of the apartments. The plaintiff

avers that on 15th December, 2003, the first defendant sold Flats No.

C3/BLK.13A/1A to one Mr. John Ekpor Yamson. The plaintiff further avers

that based on the sale of the Flat No. C3/BLK.13A/1A, the first defendant also

granted a tenancy of one Garage No. 58 for use by the then owner, Mr. John

Ekpor Yamson.

The plaintiff further avers that on 17th January, 2019, the said Mr. Yamson

assigned all his interest in Flat No. C3/BLK 13A/1A together with the tenancy of the Garage No. 58 to him and that he has since moved into possession of the

said flat and garage. According to the plaintiff, the said Mr. John Ekpor

Yamson wrote to the 1st defendant, by a letter dated 17th January, 2019

notifying the first defendant of the transfer of his interest in the said property

to him. The plaintiff further avers that the 1st defendant therefore wrote to the

TDC Development Company, in a letter dated 24th Janua