STEPHEN ODURO v. AGNES PEPRAH & OTHERS

The Plaintiff by his writ of summons issued on 3rd November 2004 claimed the following:

a. A declaration that Plaintiff is the lawful owner of H/No. 3/120/19 Odorkor, Accra.

b. A declaration that the purported attachment and subsequent sale of H/No. 3/120/19 Odokor, Accra at a public auction on 30/8/04 to satisfy judgement taken against 1st Defendant is null, void and of no legal effect since the said house does not belong to the Judgement Debtor in suit number C 292/2002.

c. A further declaration that the purported purchase by the 3rd and 4th Dependants of the said H/No. 3/120/19 Odorkor, Accra at a public auction of 30/8/04 or thereabout does not confer any title on them since the said house does not belong to the Judgement – Debtor in suit to C 292/2002.

d. An Order setting aside the public auction held on 30/8/04 or thereabout at which H/No. 3/120/19 Odorkor, Accra was sold to the 3rd and 4th Defendants.

e. An order for the recovery of vacant possession of H/No. 3/120/19 Odorkor, Accra from the 3rd and 4th Defendants or anyone in possession thereof.

f. General damages and cost.

The statement of claim which accompanied the writ was to the effect that H/No. 3/120/19 Odorkor, Accra belong to the Plaintiff but he allowed his senior sister, the 1st Defendant and her children to live in whilst he lived outside Ghana. He later heard that his house had been sold to satisfy judgement debt obtained by the 2nd defendant against the 1st defendant. That it was the 3rd and 4th defendants who bought it and therefore wants his house back.

The 2nd, 3rd and 4th defendants who contested the suit all denied that the house in dispute belonged to the plaintiff at the time of sale. They however did not state in their pleading who owned the house before its sale.

In support of his ownership to the house, the plaintiff led evidence that he became the owner of the house in 1982. He tendered exhibits ‘A’ which is the building permit, which was issued on 23rd November, 1983 but applied for on 29th June, 1983 and exhibit ‘B’ the Land Title Certificate dated 29th June, 1992.

Counsel for 2nd defendant argued that the building permit exhibit ‘A’ does not relate to the house in issue because the name on it is Stephen K. Oduro, and the signature on it is also not his as it differed from his signature on an affidavit counsel filed on 7th March, 2006. Counsel also argued that Exhibit ‘A’ was applied for on 29th June 1983 and issued on 23rd November, 1983.

Exhibit ‘A’ was admit