OBIRI YEBOAH APPIAHENE VS ISAAC ANTWI & ANOR
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP NOVISI AFUA ARYENE (MRS.),
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Contract Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff leased plots C8/8 and C8/9 and contended the subsequent auction sale was wrongful as the judgment debtor had no title. The court held that the plaintiff provided sufficient evidence of title and possession, and the auction sale did not transfer title as the judgment debtor had already transferred his interest. The plaintiff was awarded title, damages for trespass, and costs.
By deed of agreements dated 14th November 1996 and 28th April 1997, plots numbered C8/8 and C8/9 situate at Atomic Hills Housing Estate, Accra were leased to plaintiff.
The plots are covered by sublease agreements which were admitted in evidence as exhibits A and B. A fence wall was constructed around the properties and a caretaker engaged by plaintiff who farmed on the land.
Plaintiff averred that he enjoyed quiet and peaceful possession of the property until December 2014 when 1st defendant caused a certificate of purchase to be posted on the fence wall.
Enquiries showed that 1st defendant purchased the two properties at a public auction conducted on 9th September 2014 in execution of judgment obtained by 2nd defendant in suit no AL 14/2006 entitled Iddrisu Ayaa Tetteh vrs Winfred Otuafro Aryeh & Anor.
It is the case of plaintiff that the purported sale of his property was wrongful as the said Winfred Otuafro Aryeh, defendant judgment/debtor in suit no AL 14/2006 had no title in the said properties, having divested his interest in the land to AR and AK Properties Ltd. plaintiff’s grantors per exhibits A and B. Plaintiff is seeking the following reliefs: 1. A declaration that the purported auction of plaintiff’s properties described as plots numbered C8/8 and C8/9 situate at Atomic Hills Housing Estate, Accra in the Greater Accra Region of the Republic of Ghana by the 2nd defendant was illegal, and therefore the purported certificate of purchase issued by the deputy sheriff to the 1st defendant is null and void.
2. An order setting aside the purported auction of plaintiff’s plots numbered C8/8 and C8/9 situate at Atomic Hills Housing Estate, Accra in the Greater Accra Region of the Republic of Ghana on grounds of nullity.
3. Declaration of title to plots numbered C8/8 and C8/9 situate at Atomic Hills Housing Estate, Accra.
4. An order for recovery of possession.
5. General damages for trespass.
6. Costs.
After all efforts to serve the defendants with the writ of summons and statement of claim failed, leave was granted for same to be served on defendants by substituted service.
Per the order of substituted service dated 11th of March 2015, the processes were served on the defendants by posting copies on the notice board of the Fast Track Division of the High Court and also on the fence wall of the disputed properties at Atomic Hills Housing Estate, Accra where the certificate of purchase had been posted.
When the period limited by the rule