PRINCE KOFI AMOABENG vs MAGNUS ADU GYAMFI & ORS
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP REBECCA N. S. SITTIE (MRS) ‘J’
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff claimed ownership of a piece of land allegedly leased to him by the 2nd Defendant in 2000 but was contested by the 1st Defendant, claiming he was the original leaseholder since 1999. Despite repeated chances to advance his claim, Plaintiff failed to comply with court orders to file necessary documents and witness statements, leading to his case being struck out. The court heard the counterclaims by the 1st Defendant, who provided evidence asserting his rightful lease, resulting in judgment in his favor confirming his ownership and consequence of trespass by the Plaintiff.
Plaintiff filed a Writ of Summons and Statement of Claim against the Defendants on 22nd January 2012 for the reliefs endorsed on his writ as follows: -
1. A declaration that all that piece of land at Avenor, Accra and bounded on the East by Motor Road, North by Railway Company Ltd, South by Railway Company land and West by Railway Company land was duly leased to Plaintiff by the 2nd Defendant by a lease dated 14th February 2000.
2. Order for recovery of possession.
3. General damages for trespass
4. GH¢12, 500 for special Damages.
5. Perpetual injunction against the Defendants, their Agents, Assigns, Workmen, and Representatives from dealing with the land.
1st Defendant filed his Statement of Defence and Counterclaim on 8th of March 2012 and 2nd and 3rd Defendants filed their Defence on 30th March 2012. The Application for Direction was granted on 25th October 2012. On the same day Her Ladyship Justice Barbara Ward Acquah ordered the Director of Surveys to prepare a Composite Plan.
The Director of Surveys informed the Court that Defendants had failed to pay and appear for the preparation of the Composite Plan per letter dated 15th April 2013. On the 17th March2014 the Court made a further order to the request for preparation of Composite Plan because the Plaintiff failed to file any survey instructions.
The Composite Plan was finally submitted on 18th September 2014 and tendered in evidence to the Court on 17th March 2015 as EXHIBITS CE1 andCE2. The surveyor court witness was cross-examined by Counsels for Plaintiff and 1st Defendant.
It must be noted that apart from filing their Statement of Defence neither 2nd nor 3rd Defendants nor their lawyer attended court in spite of Hearing Notices served on them.
On 15th June2015 parties were ordered to file their Witness Statements and Checklist by6th July 2015 for a Case Management Conference on 22nd July 2015, with Hearing Notice to be served on 2nd and 3rd Defendants.
The case was fixed for 24th November 2015 but was adjourned at the instance of Plaintiff to10th December 2015. On 10th December 2015 Plaintiff and 2nd and 3rdDefendants failed to attend Court; besides, these parties had not filed their Witness Statements as ordered by the Court on 15th June 2015. The 1stDefendant was ordered to serve Hearing Notices on the absenting parties, and the case was adjourned to 13th January 2016 to give Plaintiff and 2ndand 3rd Defendant another opportunity to file their Witness Statements, failing which