TAWIAH OBENG v. VICTOR ODONKOR

HONYENUGA, JA

The Plaintiff/Appellant (hereinafter called the Plaintiff) caused a writ of summons to be issued against the Defendant/Respondent(hereinafter referred to as the Defendant), and claimed as follows:

“(a) An order directed at Defendant to yield vacant possession of ALL THAT PROPERTY situated and located at H/No. 106 Daavi Stop, Taifa, Accra.

b) An order of perpetual injunction directed against the Defendant, his assigns, agents hirelings, privies and/or any person claiming under or through (sic) him and howsoever described from interfering with plaintiff’s quiet enjoyment of his property which is described as H/No. 106, Daavi Stop, Taifa, Accra, Ghana”. The writ was accompanied by a statement of claim by which the plaintiff alleged that he is a businessman and in the 1990, he agreed with one Alhaji Yakubu Bright Davies (hereinafter called Alhaji), to acquire an interest in the land in dispute for him to be leased same for 30 years with an option to review it for 10 years.

In consideration of the payment of the Two Hundred Ghana Cedis(GH¢200. 00), the plaintiff by an oral agreement was to develop shops on the lower floor and the top flour of the building which was to be developed into apartments with Alhaji having one store and one apartment.

Plaintiff was also to pay an annual rent of One Hundred Ghana Cedis (GH¢100. 00). As agreed, Alhaji prepared a leasehold agreement but the terms agreed on orally were captured in the agreement and thereafter the plaintiff refused to execute same till changes were made to incorporate the initial terms as agreed.

The plaintiff averred that on the 11th day of January, 2016, Judgment was delivered in favour of Alhaji Bright Davies in suit NO. L 132/2002 in the High Court as against the plaintiff herein.

The plaintiff appealed against the decision of the High Court and on the 29th November, 2012, the Court of Appeal delivered judgment in favour of the plaintiff herein in Civil Appeal No. H1/243/08. Before the judgment of this Court on the 10th October 2008, Alhaji caused an advertisement to be placed in the Ghanaian Times announcing the auction of the property in dispute.

Upon investigation, the plaintiff was informed that the Defendant was in occupation of his property declared by the Court of Appeal.

In his Statement of Defence and Counterclaim, the defendant admitted that he purchased the disputed property from one Comfort Asare who had earlier purchased same on the 1st July, 2009 at a Public Auction