THOMAS BAIDEN & ORS v. FRANCIS PARKER

PROLOGUE

DOTSE JSC:- Thomas Paine, writing on the topic common sense on George 111’s speech in 1792, stated as follows

“How easy it is to base truth and language, when men, by habitual wickedness, have learned to set justice at defiance.” Quotable Founding Fathers, page 133 Ed. By Buckner F. Melton Jn.

Before the Plaintiffs/Respondents/Respondents, hereafter referred to as the Plaintiffs in this delivery issued the writ against the Defendant, they took a certain step. These are the instructions given to their Solicitors, Cann, Quashie & Co, to write a letter dated 12th June, 2019 to the Defendant/Appellant/Appellant, hereafter Defendant This letter has been tendered in these proceedings as Exhibit D, and it reads as follows:-

“Mr. Parker

Chapel Hill Goil Filling Station

Axim Road

Takoradi

Dear Sir,

Vacation of Access Road to Plot No. 16 Chapel Hill Axim Road Takoradi

We write on the instructions of Mr. Thomas Kwesi Baiden (deceased) owner of plot No. 16 Chapel Hill, Axim Road, Takoradi as epitomized by his personal representatives Frank Wallace and Thomas Baiden, all of House on Plot No. 16, Chapel Hill, Axim Road, Takoradi.

Our instructions are that you have established a Car Washing Bay on the entrance of the access road leading to our client’s property.

We are further informed that you agreed to remove the said Washing Bay any time our client requires the use of the access road.

Consequently, we shall be grateful if you remove the said Washing Bay within one month from the access road as our clients now require the access road for their egress and ingress into the said property.

Counting on your co-operation and prompt action.

Thank you.

Yours faithfully

Constantine K. M. Kudzedzi Esq

Cc: Frank Wallace Baiden

Thomas Baiden

Takoradi”

RESPONSE OF DEFENDANT TO THE LETTER

On the 10th day of July 2019, the Defendant engaged the services of Lawyer Edmund Acquaah-Arhin who responded to Exhibit D the letter of the plaintiff with Exhibit E as follows:-

“Constantine Kudzedzi Esq.

Cann Chambers

MBRA Annan Chambers

Takoradi

Dear Sir,

Re: Vacation of Access Road to Plot No. 16 Chapel Hill, Axim Road , Takoradi

I write as Solicitor for and on behalf of Mr. Francis Parker of Takoradi. I write with reference to your letter dated 12/06/2019, regarding the above subject matter.

Firstly, I have my client’s instructions to clarify issues that are often misconstrued by your client:

1.The access in question is truly a pedestrian access and not