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ALHAJI M. ODAI MAT v. ALHAJI JABA

January 28, 2009

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP MR. JUSTICE S. H. OCRAN

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

Mr. Justice S.H. Ocran of the High Court dismissed an appeal filed by the second claimant appellant on 7 October 1999 challenging a direction of the Chief Lands Registrar referring a land dispute to the Land Title Adjudication Committee. The appellant claimed to have moved the committee to dismiss for lack of jurisdiction, but the record showed no ruling; only an adjournment to allow the 1st claimants counsel, Mr. Baiden, to study papers. Applying section 32(3) of the Land Title Registration Act 1986 (PNDCL 152), the Court held appeals lie only from orders or decisions of the Adjudication Committee. The Court also recounted interlocutory injunction proceedings in 1994 and concluded any appeal from those orders needed to be filed within 14 days with leave under Order 51 rule 3(2) of C.I. 47 and section 21(3) of the Courts Act 1993. The 1999 appeal, nearly five years later and without leave, was incompetent. The appeal was dismissed and costs of GH500 awarded to the respondent.

JUDGMENT