STEPHEN K. OKRUW v. ASSINMAN RURAL BANK LTD

The plaintiff sued the defendant claiming the following reliefs:

(a) A declaration of title to House № AF/RS-157 situate as Assin Foso

(b) An order for recovery of possession

(c) Recovery of arrears of rent from January, 2021 to be assessed by the Rent Officer from

January 2021 to date of judgment.

(d) Interest on the arrears of rent from January, 2021, to date of final judgment.

(e) An order of award of costs incidental to the institution of this action including but

not limited to filing and solicitor’s legal fees.

(f) An order of grant of any other relief that this court may deem fit to grant under the

circumstances.

The accompanying statement of claim sets out the plaintiff’s case. According to the

plaintiff he is the owner of House № AF/RS-157, Assin Foso, and he rented out the said

building to the defendant bank. He said he travelled abroad, and on his return to

Ghana, he met with the manager of defendant bank with the view to claiming rent

arrears and for possible renewal of the tenancy. The plaintiff said it was then that the

manager of the defendant bank informed him that the defendant had purchased the

house. Although the plaintiff stated that he remembers the defendant’s officers once

discussed with him their desire to purchase the disputed house, the discussion did not

materialize. It is the contention of the plaintiff that despite his denial of any such sale of

the house to the defendant bank, the defendant officers remain resolute about the said

sale and this was confirmed in a response to a letter written by his lawyer to the

defendant bank for a situational report on the development.

The plaintiff maintained that on no occasion did he sell or execute any deed of transfer

of interest in the said building to the defendant bank whatsoever. The plaintiff

contended that the defendant’s tenancy expired in December, 2020, and that from

January, 2021 the defendant has failed, refused and or neglected to pay any rent to him.

He stated that the defendant is determined to deny him ownership of the building and

being aggrieved and dissatisfied with the development, he has caused to be issued the

instant writ of summons claiming the reliefs per the endorsement on the writ of

summons.

The defendant bank reacted to the plaintiff’s statement of claim by filing a statement of

defence. The defendant bank stated that the plaintiff relinquished his title to the said

building after he negotiated with defendant on the sale of the