RAINSFORD A ADDOTEY & ANOR v RICHARD ODAI & ORS

BY COURT:
By various interpleader summons filed by the claimants against the execution of the Judgement of the High Court dated 15th January 1998, presided over by the late Nana Gyanena Tawiah in favour of the Plaintiff, in Suit No. L 725/95 entitled Rainsford A. Adotey Vrs: Richard Odai, the Plaintiff in that suit was made the Plaintiff in this interpleader suit and the claimants made the Defendants, under Order 44 Rule 13 (1) of C.I. 47 since the dispute between them could not be settled summarily under order 44 Rule 12 (4).

On 20th May, 2009, the Plaintiff filed his statement of claim and traced his root of title from Nii Odai Ayiku IV Nungua Mantse by a lease dated 15th February, 1980. According to the Plaintiff this lease could not be traced so he swore to a statutory Declaration and had the said Statutory Declaration plotted and Registered as LR 3495/94 and subsequently issued with a land certificate No. TD 2565.

The Pleading stated further that one Richard Odai without his consent granted portions of his land to unsuspecting members of the public including some of the Defendants. That the Defendants then forcibly entered the lands and commenced development works on it. That several warning notices were sent to them to stop their trespass, but they ignored it. He therefore sued Richard Odai, and had Judgement against him. The Plaintiff pleaded further that his Judgment against Richard Odai attached his agents, grantees, assigns and heirs.

After obtaining Judgment against Richard Odai, he served a copy of the Entry of Judgment on the Defendants.

The Defendants filed a Defense and denied the Plaintiff’s claim that he was the owner of the land that they were occupying. They asserted that they were not trespassers as claimed by the Plaintiff. The Defendants pleaded specifically that there never existed a lease dated 15th February 1980 made between Nii Odai Ayiku IV and the Plaintiff. The Defendants pleaded further that the land certificate was fraudulently obtained and pleaded the particulars of fraud. They said the certificate should be cancelled.

The pleading of the Defendants stated that they never had their plots from Richard Odai, but rather from the Bortekwei Family of Nungua. That as far back as 1991 they started their construction on the land, and nobody challenged them. The Defendants also pleaded estoppel by larches and acquiescence.

On the Judgement and the Recovery of possession, the Defendants pleaded t