REGIONAL BUILDING AND CONTRACTING CO. LTD PER AMBROSE THOMPSON COOKE vs AFRO TROPIC COCOA PROCESSING LTD
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS MERLEY WOOD J.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a dispute over land ownership in Baatsona, Accra. The Plaintiff Company sued the Defendant for declaration of title, recovery of possession, damages for trespass, and injunction. The Plaintiff claimed to have acquired the land in 1988 and discovered the Defendant's encroachment in 2014. Despite being served with all necessary legal documents, the Defendant failed to appear in court or file a defense. The court proceeded with the case, examining the Plaintiff's evidence including land registration documents and witness testimony. Finding the Defendant's absence as an indication of no defense, the court ruled in favor of the Plaintiff on all counts. The judgment granted declaration of ownership to the Plaintiff, issued a perpetual injunction against the Defendant's trespass, and awarded costs to the Plaintiff. This case highlights the consequences of failing to respond to legal proceedings and the importance of documentary evidence in establishing land ownership.
The Plaintiff Company issued a writ of summons and statement of claim against the Defendant on 2nd September 2015 for the following reliefs:
1. Declaration of title to all that piece or parcel of land situated, lying and being at Baatsona, Accra and bounded on the North by the Defendant’s land, on the South by the government proposed road, on the East by the Plaintiff’s land and on the West by the Defendant’s land, and measuring about 1. 45 acres more or less.
2. Recovery of possession.
3. Damages for trespass.
4. Perpetual injunction restraining the Defendants, their assigns, privies, workmen, agents or otherwise any person or persons claiming through it from trespassing on the land or any portion thereof.
5. Any other order or orders as the Court may deem fit.
6. Costs.
The Defendant was served with the writ of summons and statement of claim on 2nd September 2015 as per the search report but he neither entered appearance nor filed a defence.
After the expiration of time allowed by the rules to file his defence, the Defendant was served with the Motion on Notice for Judgement in Default of Defence and Affidavit in support on 3rd February 2016 and was served with hearing notice on 16th February 2016 as per the affidavit of service.
In spite of the hearing notice served on him, he did not attend court and no reason was given for his failure to be present in court.
Judgment in Default of Defence was given in favour of the Plaintiff on 25th February 2016 and the case was adjourned to 22nd March 2016 for the Plaintiff to prove his title.
On 22nd March 2016, the court ordered the Plaintiff to file his witness statement and pre-trial check list and the case was adjourned to 19th April 2016. The said witness statement of the Plaintiff was accordingly served on the Defendant on 12th April 2016 as per the affidavit of service.
The case was adjourned to 27th April 2016 and then to 29th April 2016 because the court did not have a copy of the witness statement.
Hearing notice was once again served on the Defendant Company on 28th April 2016 but as usual they failed to appear in court.
Having been served and failing to appear in court the court proceeded to hear the case.
The Plaintiff Company represented by Ambrose Thompson Cooke, its lawful attorney led evidence as per his witness statement and relied on it.
He tendered the Power of Attorney as Exhibit A. It is his case that in 1988, the Plaintiff acquired large tracts of land at Batsona in Accr