VICTORIA GABAH v. NELSON KWADZO EHA AND ABIGAIL MORTEY

JUDGMENT

The Plaintiff on the 23rd of August, 2021 issued a Writ of Summons accompanied by a statement

of claim against the 1st Defendant.

After entry of appearance on 5th November, 2021, the Court ordered Abigail Mortey to be joined to the

suit as the 2nd Defendant on 21/02/2022. The Defendants filed a joint defence on 02/12//2021. In their

defence they denied jointly and severally Plaintiff’s claims levelled against them. In further denial,

they stated the house in question was rented by Abigail Mortey, the 2nd Defendant herein.2

In the Writ of Summons and the statement of claim the reliefs claimed by the Plaintiff against the 1st

Defendant are the following:

a. A declaration that all the three (3) bedrooms self-contained building with its boundaries stated

in paragraph 14 of the Statement of Claim is the absolute property of the Plaintiff and not the

property of the Defendant as being portrayed and must be treated as such.

b. An Order of the Honourable Court directed at the 1st Defendant debarring him from further

having anything to do in the house in question pending the final hearing and determination of

the suit.

Plaintiff further contends that she does not know the 2nd Defendant once she has no contract with

her but the 1st Defendant.

Defendants in their joint statement of defence denied Plaintiff’s statement of claim and stated

further that the entire summons filed by the Plaintiff is frivolous, vexatious and unmeritorious.

Defendants state that the house in question was rented by the 2nd Defendant, Abigail Mortey.

In furtherance, they aver it was she the 2nd Defendant who sent 1st Defendant to one Vincent to

take 1st Defendant to the Republic of Togo for the keys from the Plaintiff. The Defendants contend,

when they went to Plaintiff in Togo-Lome, it was one Adzevi who took the keys from the Plaintiff and

together they brought the keys to Abigail Mortey.

The 1st Defendant states that when they handed over the keys to Abigail Mortey, it was then that

Abigail Mortey engage the 1st Defendant to complete the building for her because the 1st Defendant is

a mason. They aver it was Abigail Mortey who bought all the materials needed for the project to be

completed.

On 21st February, 2022, the issues agreed and set down for trial were: -

A. Whether or not Plaintiff is entitled to her Claim.

B. Whether or not there was a contract between the Plaintiff and 1st Defendant in respect of

Plaintiff’s uncompleted three (3) bedroom se