Court Throws Out Mort City, Others

AN ACCRA High Court (Land Division) has upheld an application for an order to strike out a statement of defence filed by Mort City Real Estate and five others in the case in which they and F.K.A Company Limited are litigating over parcels of land in Accra.

The court presided over by Justice Amos L. Buertey upheld F.K.A Company Limited's application because the defendants according to the court 'did not disclose any reasonable defence in law.'

The court however did not grant F.K.A's relief for demolition of all structures, buildings, walls, houses and other properties on the land in dispute.

Apart from Mort City Real Estates, other defendants in the dispute are Nii Noi Morten, Nii Agyiri Asafoatse, Nii Evans Armah, Nii Adams Addy and the Lands Commission.

The court also awarded GH¢1,000 each against Nii Noi Morten, Morten City Real Estates, Nii Agyiri Asafoatse, Nii Evans Armah in favour of the plaintiff.

In his 'amended statement of claim pursuant to leave dated February 14, 2013', the plaintiff represented by Frederick Kofi Asare wanted 'a declaration of title to all that piece and parcel of land specifically described in the statement of claim.'

The plaintiff wanted recovery of possession from the defendants and their assigns or agents as well as damages for trespass.

He also wanted an order for perpetual injunction restraining the defendants from 'alienating, conveying, transferring, selling, gifting etc or in any way or manner from disposing off or transferring any interest in the land.'

The plaintiff again sought for an order for demolition of all structures, buildings at the defendant's costs but the court did not grant that order.

In his statement of claim, F.K.A Company Limited averred that the plaintiff was an undisputed owner in possession of the said land and claimed that he acquired five parcels of land at Danchira in the Greater Accra Region from the Djan-Bi Amu Family.

According to the plaintiff, the defendants have encroached on his lands and all attempts at stopping them from taking the land had failed.

Justice Buertey in his ruling stated that 'I have granted this application solely on the ground that the Court of Appeal decision reversing the earlier decision in Suit No. L128/2008 operated as res judicata between the parties to this suit and no other persons except it can be shown that the person or persons are privies to any of the parties in that suit.'

The court also ordered the Lands Commission 'to cancel, delete, expunge, remove, reverse all registration, plotting, processing of all or any portions of the land the subject matter of this suit that has been so registered, plotted or being processed in the name of the 1 st to 5 th defendants to this suit.'

By William Yaw Owusu