PRUDENTIAL BANK LTD. vs SOUTH ATLANTIC PROPERTY LTD. & ANOR
2017
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE ANTHONY OPPONG
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2017
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a land dispute where Plaintiff Bank sued Defendants for declaration of title to a 2.084 acre land in North West Teshie, Greater Accra Region. The court ordered both parties to file witness statements, but only the Plaintiff complied. Despite multiple hearing notices, the Defendants failed to appear or file any statements. The court proceeded to hear the case in the Defendants' absence. Based on the evidence presented by the Plaintiff, including a land title certificate (Exhibit 'A'), and the lack of challenge from the Defendants, the court ruled in favor of the Plaintiff Bank. The judgment declared Plaintiff Bank as the owner of the disputed land, granted a perpetual injunction against the 1st Defendant, awarded damages for trespass amounting to GH¢15,000.00, and costs of GH¢10,000.00 to the Plaintiff. The case highlights the importance of responding to court notices and the consequences of failing to challenge evidence in legal proceedings.
BY COURT:
PLAINTIFF OPENS CASE – EVIDENCE-IN-CHIEF
My full name is Vincent Asiamah.
I live at Kwabenya, Regimanuel Estate.
I work with Plaintiff Bank as Estate Officer.
I have already caused my witness statement to be filed before this Court.
It was filed on 23rd November, 2016. I am relying on the said process as my evidence in chief on behalf of the Plaintiff Bank for the purposes of this trial.
End of Evidence in chief Plaintiff closed case
BY COURT: J U D G M E N T
Plaintiff Bank sued Defendants for declaration of title to 2. 084 acre land situate at North West Teshie in the Greater Accra Region, among other reliefs.
Pleadings were duly filed an application for direction was taken.
The Court ordered the parties to file their respective witness statements and the Plaintiff Bank duly complied with the order.
All efforts made by the court to afford the 1st Defendant the opportunity of filing their witness Statement and/or appearing in Court were spurned by the Defendants.
It is observed from the record that 1st Defendants were served with several hearing notices to come to Court and they failed to do so.
In the circumstances, the Court was constrained to set the case down for hearing and hearing notice was duly served on 1st Defendants and yet again they failed to avail themselves the opportunity of being heard.
In the circumstance, the Court proceeded to hear the Plaintiff Bank, the absence of 1st Defendants notwithstanding.
Plaintiff Bank per its Estate Officer, one Mr. Vincent Asiamah took oath and testified as per the witness statement that has been filed before this Court on 23rd November, 2016. On the strength of the evidence and the land title certificate, Exhibit ‘A’, coupled with absence of any challenge from the Defendants, I am satisfied that Plaintiff bank is entitled to judgment.
Accordingly, I enter judgment in favour of Plaintiff and declare that Plaintiff Bank is the owner of all that piece or parcel of land in extent of 0. 843hectare (2. 084acre) more or less situate at North West Teshie in the Greater Accra Region of the Republic of Ghana which said piece of land is more particularly delineated and edged with pink colour on Survey Plan z11628annexed to Exhibit ‘A’ numbered GA46164. I order perpetual injunction against the 1st Defendant to restrain them by themselves, their licensees, grantees, workmen, etc.
from entering, remaining on or in any way encumbering the land or any part thereof or undertaking any construction