SABINA DUGAN VS ISAAC THOMPSON MENSAH & PASTOR RICHARD MENSAH & ALHAJI ISSAKA
2018
HIGH COURT
GHANA
CORAM
- REBECCA N. S. SITTIE (MRS) ‘J’
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff, who acquired land in Adjirigano from Salem Investment Limited in 2003, claimed that the defendants trespassed on her land in 2014. The plaintiff sought various legal remedies including a declaration of title and damages for trespass. Although defendants entered an appearance, they failed to properly file their defense and comply with court orders. The court ultimately struck out the defendants' defense, heard the plaintiff's case in their absence, and ruled in favor of the plaintiff based on the preponderance of evidence. The court granted the plaintiff's claims, including a declaration of title, an order for recovery of possession, a perpetual injunction against the defendants, and awarded damages for trespass and costs to the plaintiff.
Plaintiff’s case is that she acquired a 0. 53 acre plot of land at Adjirigano fromSalem Investment Limited in 2003. Plaintiff said in 2014 Defendants trespassedon her land.
Plaintiff took out this Writ against Defendants praying for thefollowing reliefs: 1. A declaration of title to all that piece or parcel of land lying and being at Adjirigano in the Greater Accra Region of the Republic of Ghana andcontaining an approximate area of 0. 200 hectares or 0. 494 acres andbounded on the North by Lessor’s land measuring 90 feet more or less onthe East by Lessor’s land measuring 270 feet more or less on the South-West by proposed road measuring 70 feet more or less on the West byLessor’s land measuring 240 feet more or less more particularlydelineated on the plan attached and thereon edged pink.
2. Recovery of possession of the disputed land.
3. Perpetual Injunction restraining Defendants, their agents, assigns, servants, privies, workers or anybody claiming through the Defendantsfrom entering and or developing the land described in the schedule or inany manner interfering with the Plaintiff’s enjoyment or use of the land.
4. Costs.
5. Damages for trespass and costs.
The Writ of Summons, Statement of Claim and the Motion for InterlocutoryInjunction were all served by substitution.
Defendants entered Appearance butfailed to file a Statement of Defence within the time fixed by the rules.
Plaintiffwas granted Interlocutory Injunction and later Interlocutory Judgment in defaultof defence was entered in favour of Plaintiff.
Plaintiff was ordered to file herWitness Statement and a date was set down for Plaintiff to prove her claim.
The Interlocutory Judgment was set aside and Defendants were granted leaveto file their Statement of Defence.
After Directions were taken parties wereordered to file their Witness Statement for a Case Management Conference on18th April 2018. Defendants failed to file their Witness Statements or attendCourt.
The case was adjourned on two occasions and Hearing Notices wereserved on Defendants.
On 30th April Defendants’ Statement of Defence wasstruck out for failing to file their Witness Statements as ordered by the Court on13th February 2018. The case was set down for Plaintiff to prove her case, and Hearing Notice wasserved on the Defendants.
Plaintiff closed her case, and Counsel addressed theCourt briefly.
The case was adjourned for judgment.
Section 11 (1) and (4) of the Evidence Act 1973 (NRCD 323) defines the burdenof