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JUDGMENT
Introduction
- The Plaintiff commenced this action on 25th July, 2024. By her amended writ of summons filed on 25th October, 2024, she claims against the Defendant as follows: -
a. A declaration of ownership of the Container-shop used as a hairdressing salon.
b. An order for the return of her NASCO double door standing fridge Defendant illegally seized from her.
c. An order of reasonable compensation for loss of use for Plaintiff due to Defendant having illegally locked up the container for two years.
d. An order for perpetual injunction restraining Defendant from disturbing Plaintiff’s peaceful possession of the container-shop.
e. Cost.
- Also, the defendant filed his response/defence on 16th August, 2024 and counterclaimed against the plaintiff as follows:
a. An order compelling the plaintiff to pack her things out of the container.
b. Costs including legal fees.
c. Any orders deemed fit by this Honourable Court.
- On 28th October, 2024, this court in consideration of the nature of the case, the fact that plaintiff and defendant are husband and wife, and the willingness of the parties to attempt settlement of the matter out of court, referred the matter to the Court Connected Alternative Dispute Resolution pursuant to section 72 of the Courts Act, 1993 (Act 459) as amended. The said section provides as follows:
Section 72—Courts to Promote Reconciliation in Civil Cases
(1) Any court with civil jurisdiction and its officers shall promote reconciliation, encourage and facilitate the settlement of disputes in an amicable manner between and among persons over whom the court has jurisdiction.
(2) When a civil suit or proceeding is pending, any court with jurisdiction in that suit may promote reconciliation among the parties, and encourage and facilitate the amicable settlement of the suit or proceeding.
See also Order 25 Rule 1 sub rules (3) to (8) of the District Court Rules, 2009 (C.I 59) as amended by C.I. 134.
However, the parties could not resolve the matter out of court; hence the court proceeded to determine the matter on its merit.
Plaintiff’s Case
- The Plaintiff avers that she and the Defendant got married in 2014 and are blessed with two children. Plaintiff says she got into hairdressing first as an apprentice and later passed out in 2021 as a hairdresser or beautician at Daporetindongo. Plaintiff says that at her Passing Out ceremony, she was able to make an amount of GH¢6000.00 (six thousand