Lands Commission v Owusu (E1/038/2025) [2025] GHAHC 198 (3 July 2025)

INTHE SUPERIORCOURTOFJUDICATURE,HIGH COURTOFJUSTICE HELDAT SUNYANI ONTHURSDAYTHE 3RDDAYOFJULY,2025BEFORE HISLORDSHIP JUSTICENATHAN P.YARNEYESQ., SUITNO. E1/038/2025 LANDS COMMISSION PLAINTIFF VRS: OWUSU COMFORT DEFENDANT JUDGMENT: Inawrit sued outofthe registryofthe HighCourt, Sunyanion28thNovember,2024, the Plaintiff claimed against the Defendant an order from this Court to re-enter Plot No 1, Block H, Sector 17, Sunyani Abesim Dominase, and additional orders for recovery of possessionandforperpetualinjunctionrestraining the Defendant fromthe said plot. 1 In the accompanying Statement of Claim, the Plaintiff pleaded that a lease of the said land had been made by the Plaintiff in favour of the Defendant per a grant dated 12th July, 2000, same registered at its Sunyani office under Title No. BA:6430 and Serial No. 381/2005, registered on 21st November, 2005. This lease, according to the Plaintiff contained several terms and conditions which the Defendant covenanted to perform. In particular, the lease contained a clause for the development of the land with the constructionof a residential building onsame, tobe commenced within 12 months from the grant and for same to be completed in 36 months. In addition to that was also a rent clause that required that the Defendant pay an annual ground rent for the entire durationofthe lease, whichwasfor 99years. It is the case of the Plaintiff, as gleaned from the Statement of Claim, that the Defendant has failed, refused, and neglected to observe, in particular, these two conditions despite several notices issued to her to do so. As a consequence, the Plaintiff is asking for the reliefs indorsed onits Writ ofSummons. The Plaintiff, facing difficulties in achieving personal service of the Writ of Summons and Statementof Claim prayed the Courton20th December,2024for leaveto servesame on the Defendant by substituted service. The application was granted. A publication of the processes was effected in the Monday, January 20, 2025 edition of the Ghanaian 2 Times at page 17 thereof. Within time set by the High Court (Civil Procedure) Rules, 2004, C. I. 47 for the entry of appearance a delivery of a defence, the Defendant had failed to act in compliance. The Plaintiff therefore proceeded to move the Court for directions for trial. On 3rd March, 2025, again the Plaintiff moved for leave to serve the Application for Directions by substituted service on the Defendant. The Order was granted, and service was effected, primarily through a notice posted on the disputed land. Directions weregivenby theCourton3rdApril, 2025,in preparationfor trial. The Plaintiff duly filed a witness statement for one Shadrack Abletor to testify on its behalf. It was filed on 15th April, 2025. To it were attached several documents identified as A – an application letter from the Defendant to the Plaintiff dated 8th May, 1998 requesting for a plot of land, A1 – an allocation letter dated 23rd September, 1999, A2 – Offer Letter from the Plaintiff to the Defendant dated 12th May, 2000, B – a lease dated 12th July, 2000 from the Plaintiff to the Defendant, C – rent demand notice dated 25th August, 2021, D – Notice of Intention to re-enter Plot No. 1 Block H Sector 17, Sunyani- Abesim Dominase, D1 – GhanaPost receipt of transmission and receipt by the Defendant, E – Final Notice of Intention to Re-enter Plot No. 1 Block h Sector 17, Sunyani-Abesim Dominase, F – Notice of posting of 1st Order for Substituted Service, and F1 –Notice ofposting of2ndOrderforSubstituted Service. 3 Trial was fixed for 11th June, 2025. On the said day, one Shadrack Abletor mounted the witness stand on behalf of the 1st Plaintiff and was led in examination-in-chief by Ms. Gloria Ayirebi, lawyer for the Plaintiff, by the submission for adoption the witness statement aforementioned, together with the attached documents, all of which were received and adopted as the evidence of the Plaintiff and accordingly marked as Exhibits A1 – an allocation letter dated 23rd September, 1999, A2 – Offer Letter from the Plaintiff to the Defendant dated 12th May, 2000, B – a lease dated 12th July, 2000 from the Plaintiff to the Defendant, C –rent demand notice dated 25thAugust, 2021,D –Notice of Intention to re-enter Plot No. 1 Block H Sector 17, Sunyani-Abesim Dominase, D1 – GhanaPost receipt of transmission and receipt by the Defendant, E – Final Notice of Intention to Re-enter Plot No. 1 Block h Sector 17, Sunyani-Abesim Dominase, F – Notice of posting of 1st Order for Substituted Service, and F1 – Notice of posting of 2nd Orderfor Substituted Service. With the Defendant, despite all notices, failing or neglecting to respond to the instant Writ, should at this stage be deemed to have no desire to contest the claims made by the Plaintiff against her.Besides, the evidence adduced by the Plaintiff confirms that notices have been issued to the Defendant to act in compliance with her obligations under Exhibit B, which notice was not heeded. Critically, Exhibit D1contains the signature of the Defendant showing that she received Exhibit D, the Notice of Intention to re-enter 4 the plot in issue. That notice was dated 12th April, 2023. That was about 2 years ago. If she intended acting in compliance with her obligations she would have done so by now. From the evidence before the Court at the moment, she has not made any contact with the Plaintiff and appears to have no intention of either holding the land in issue or defending the instant suit. In view of the aforesaid, this Honourable Court determines that the case of the Plaintiff against the Defendant is sufficiently made out, having sufficiently met the threshold of proof set in S. 17 of the Evidence Act, 1975, NRCD 323, and accordingly, it is entitled to thereliefs it claims(see: Marima Gyamfivs. Ama Badu [1963] 2GLR596). Judgment is thereforedecreed in favour ofthe Plaintiff as follows: 1. The Plaintiff is declared to be entitled to re-enter Plot No. 1, Block H, Sector 17, Sunyani Abesim Dominase in termination of its lease dated 12th July, 2000 earlier granted tothe Defendant; 2. The Plaintiff is entitled to recover possession of the said Plot No. 1, Block H, Sector17,SunyaniAbesim Dominase forthwith; 3. The Defendant is forever restrained from having anything to do with the said Plot No.1,Block H, Sector 17,SunyaniAbesim Dominase. 4. The Plaintiff is awarded costsofGH¢5000.00 5 (SGD) NATHANP.YARNEY (JUSTICE OFTHE HIGH COURT) 6