ALHAJI MOHAMMED MORU v. MOHAMMED HUSEINI
2013
SUPREME COURT
GHANA
CORAM
- ADINYIRA (MRS), JSC
- OWUSU (MS), JSC
- DOTSE, JSC
- BONNIE,JSC
Areas of Law
- Contract Law
- Civil Procedure
- Property and Real Estate Law
2013
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sued the Defendant for ejection from land and rent arrears based on an oral tenancy agreement. The Defendant counterclaimed ownership based on a separate lease. The trial court found for the Plaintiff, but the Court of Appeal later expunged the Plaintiff's evidence due to a defective power of attorney, though upheld the decision due to the Defendant's failure to prove his counterclaim. The Supreme Court concluded that the defective power of attorney voided the Plaintiff's capacity to sue and invalidated the entire case, including the Defendant's counterclaim. Both claims were struck out.
J U D G M E N T
BAFFOE-BONNIE, JSC;
The Defendant/Appellant/Appellant is appealing against the decision of the Court of Appeal dated April 14, 2011 which upheld the decision of the Circuit Court dated March 17, 2008.
The facts of the case before the trial court were as follows; The Plaintiff/Respondent/Respondent, hereinafter referred to as the Respondent, suing per his lawful attorney, caused a writ of summons and statement of claim to issue against the Defendant/Appellant/Appellant, hereinafter referred to as the Appellant for:
a. An order for the immediate ejectment of the Appellant, then the Defendant from the piece of land particularly described in paragraph 3 of the statement of claim by reason of:
i. Non-payment of rent; and
ii. Fraudulent breach of the agreement between Plaintiff and Defendant.
b. An order for recovery of possession of the said land.
c. 3.4 million being rent due and owing for the period January to December 2000 and January to December, 2001.
d. Interest at the prevailing bank rate on the rent and mesne profit due to the Plaintiff.
The Defendant in turn filed a statement of defence denying the Plaintiff’s claim and counterclaimed for:
a. Declaration of title to all that piece or parcel of land described in schedule
b. Recovery of possession of any portion that plaintiff trespasses on.
c. Damages for trespass.
d. Perpetual injunction restraining the plaintiff, his agents, assigns and workmen from further interfering with the defendant’s land.
At the trial the Plaintiff tendered in evidence; a Power of Attorney from Alhaji Mohammed Moro as a donor, appointing Mohammed Munkaila (His Son) as his lawful Attorney.
The case of the Plaintiff as narrated by his Attorney was quite simple. The Plaintiff is a businessman and an Islamic Religious leader. By a deed of conveyance dated March 23, 1990 between the Plaintiff on one part and Nii Kpakpo Amako II Mankralo and Acting Sempe Mantse of Accra, acting with the consent and concurrence of the principal members of the said family of the other part, Nii Kpakpo Amako, as the Acting Sempe Mantse, leased a parcel of land situate at Sowutuom, to the Plaintiff for the term of 99 years from March 23, 1990.
The indenture was tendered as Exhibit B during the trial. Exhibit B had been duly executed by Nii Kpakpo Amako in the presence of a witness and by the Plaintiff also in the presence of witness. The Indenture had been duly stamped and the Land Valuation Board Number LVB 6773A/95. Acc