ANTHONY KUMAH v. SUPI KAKRA
2016
COURT OF APPEAL
GHANA
CORAM
- SAEED K. GYAN, J.A
- C.J. HONYENUGA, JA
- G.S. SUURBAAREH,JA
Areas of Law
- Civil Procedure
- Appellate Procedure
- Judicial Discretion
- Customary Land Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal against the decision of the Circuit Court, Takoradi, was partially upheld. The Plaintiffs action was dismissed, but the case was remitted to the Trial Circuit Court to address the third relief related to ownership of lands at Assorko and Twer Nyame.
JUDGEMENT
SAEED K. GYAN, J.A
This is an appeal from the ruling of the Circuit Court, Takoradi, dated 3rd December, 2013. By the said ruling the Court, following an application by the Defendant/Respondent herein, dismissed the suit filed by the Plaintiff/Appellant on the ground that the action was an abuse of the Court process.
Being dissatisfied with and aggrieved by the decision of the Court the Plaintiff on 11/12/2013 filed a notice of appeal against the Court’s said ruing.
Three grounds of appeal were filed together with the customary indication that additional grounds would be filed upon receipt of the record of appeal.
No further or additional grounds were filed and argued.
The grounds of appeal filed are as follows:
“(i) The Learned trial judge erred in law in assuming jurisdiction to determine the case when the judge whose judgment is being set aside is still at post at Takoradi.
(ii) The striking out of the Plaintiff/Appellant’s writ of summons and statement of claim by the trial judge was made in error.
(iii) The ruling of the Circuit Court Takoradi dated the 3rd December 2013 cannot be supported having regard to the evidence adduced at the time the case was heard.”
A background of the case may be in order.
On 7th May, 2013 the Plaintiff/Appellant herein (who may hereafter be referred to simply as the Appellant) commenced an action against one Supi Nana Kakra, whom he described as a farmer at Assorko, seeking the following reliefs, namely:
“1. An order praying for leave to set aside the judgment of the Circuit Court, Takoradi dated the 26th day of September 2012 in the case titled: Supi Nana Kakra
Vrs.
Kwaku Essilfie
Shaibu @ Joe Kojo Awyen
(Suit No.C1/8/09)
On grounds that:
i) The Defendant obtained the judgment through misrepresentation.
ii) The said judgment was made without reference to the decision in the case titled: Nana Berekum 1 & 2 Ors.
Vrs.
Kweku Essel & 5 Ors.
Which held that the Defendant had no capacity to sue in respect of Twer Nyame lands.
2. An order granting leave to the Plaintiff to defend the action.
3. A declaration that all lands situate at Assokor and Twer Nyame which are in the exclusive possession of the subjects are owned by the subjects as usufructory (sic) owners”.
The writ was accompanied by a 19-paragraph statement of claim.
It was the case of the Plaintiff that the Defendant, Supi Nana Kakra, who claimed to be the Regent of Assorko had indiscriminately been selling lands at Assorko and Twe