KPORZUXE AND ANOTHER VRS. KUMASSAH AND ANOTHER (A1/10/2012) [2025] GHADC 46 (17 February 2025)

IN THE DISTRICT COURT HELD AT ANLOGA IN THE VOLTA REGION ON MONDAY THE 17TH DAY OF FEBRUARY, 2025. BEFORE HER WORSHIP REJOICE ASEYE GADAGOE, DISTRICT MAGISTRATE. SUIT NO.: A1/10/2012. 1. ROBERT KPORZUXE 2. ELIZABETH KPORZUXE PLAINTIFFS/J. C. /APPLICANTS. BOTH OF ANLOGA. VERSUS 1. KPALIGA KWASI KUMASSAH 2. YAO KUMASSAH DEFENDANTS/J. D /RESPONDENT BOTH OF ANLOGA. JUDGMENT: Background to the instant Application: The Plaintiffs/Judgment Creditors/Applicants (hereinafter called the Plaintiffs); instituted an action in this Honourable Court, differently constituted. The suit was filed against the Defendants/Judgment Debtors/Respondents (hereinafter called the Defendants), on 20th March, 2012. The Land, subject matter of that suit was duly described in the schedule of their writ of summons and measured 118 feet by 50 feet. Judgment was entered in favour of Plaintiffs. The Defendants appealed the decision of the District Court, Anloga, differently constituted, to the high Court, but lost. Defendants subsequently went to the Court of Appeal and lost as well. On 28th February, 2018, the Court of Appeal delivered a final judgment in favour of Plaintiffs. Some applications have been filed and granted since. Costs variously awarded against the Defendants in the course of their litigation, also amounted to TWELVE THOUSAND FIVE HUNDRED GHANA CEDIS 1 (GH.C12,500.00). Lawyers NELSON M. KPORHA and EMIL ATSU AGBAKPE represented the Plaintiffs at some points. In the course of time however, one Plaintiff and one Defendant have died. THE WRIT OF POSSESSION: The writ of possession above contains the schedule of the disputed land. 2 THE APPLICATION: Counsel for the Plaintiff, NELSON M. KPORHA ESQ., filed an application on behalf of his client on 12/12/2023; under the heading: “MOTION ON NOTICE FOR LEAVE TO GO INTO EXECUTION”. The full application, comprising the motion paper and the attached affidavit, has been inserted below for ease of reference. 3 4 5 CONCLUSION: This Court visited the locus in quo/disputed Land situate at AFATOME-ANLOGA on Friday, 15th March, 2024. The Honourable Court’s findings included the fact that the distance from Plaintiffs’ boundary to FRANCIS KUMASSAH’s building is about 260feet. Further, the parties unanimous agreed that Francis Kumassah‟s building has never been the subject of litigation in any Court. The Court ordered that Plaintiff, MR. ROBERT KPORZUXE, to come by another application, specifically setting down the circumstances under which he procured the order for demolition of Francis Kumassah’s building. That directive was in response to paragraphs “10‟, „11”, and “12” of the Plaintiff’s affidavit attached to his motion paper. Then on 21/11/2024, Plaintiff announced that his Lawyer, NELSON M. KPORHA ESQ., advised him not to pursue the matter any longer because he was dealing with a decision of the high Court. The Court invited the parties back for clarification. Whether Counsel suggested a withdrawal or discontinuance. Plaintiff explained more clearly that it was a discontinuation. Defendant demanded Fifteen Thousand Ghana Cedis (GH.C15,000.00) for everything he had been through for the two years or more the case had travelled. Plainyiff offered to give him Six Hundred Ghana Cedis (GH.C600.00). ORDERS:  PLAINTIFF’S APPLICATION FOR DISCONTINUANCE HAS BEEN GRANTED AS PRAYED.  DISCONTINUANCE DISPOSES OF THE RIGHTS OF THE PARTIES AND PLAINTIFF IS NOT AT LIBERTY TO INSTITUTE A FRESH ACTION.  COSTS OF TWO THOUSAND GHANA CEDIS (GH.C2,000.00) IS HEREBY AWARDED AGAINST THE PLAINTIFF AND IN FAVOUR OF THE DEFENDANT. 6  THE INSTANT SUIT IS DISMISSED ACCORDINGLY. SGD. HW REJOICE ASEYE GADAGOE DISTRICT MAGISTRATE 17/02/2025.  Representations: - PARTIES NOT REPRESENTED. 7