ATAA ASHIE NIKOI & ANOTHER v. CHARLES QUIST
2013
SUPREME COURT
GHANA
CORAM
- DR. DATE BAH, J.S.C. (PRESIDING)
- ANIN YEBOAH, J.S.C.
- BAFFOE BONNIE, J.S.C.
- BENIN, J.S.C.
- AKAMBA, J.S.C
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2013
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court upheld the Court of Appeal's dismissal of the Appellant's appeal, grounded on procedural defects including filing beyond the statutory time limits and incorrect processing of extension of time. Despite allegations of fraud and challenges to the validity of the Respondent's title, the Court emphasized strict adherence to procedural rules. The court ruled that the Appellant's failure to timely and properly challenge the High Court's judgment meant that subsequent actions were null and void.
BENIN, JSC:-
This is an appeal against the ruling of the Court of Appeal dated 18th June 2009, brought by the Plaintiff/Appellant/Appellant, hereinafter called the Appellant. The Court of Appeal gave a decision dismissing the appeal brought by the Appellant against the Defendant/Respondent/Respondent, hereinafter called the Respondent.
The facts of the case are briefly as follows. The Appellant issued a writ of summons at the High Court claiming declaration of title to a piece of land described in the writ, among other reliefs. The Respondent entered appearance and filed a statement of defence and also served a counterclaim on the Appellant. The Appellant failed to take out summons for directions in the suit. The Respondent therefore filed an application for the High Court to dismiss the Appellant’s claim and to enter judgment for him on his counterclaim. The High Court heard the application and dismissed the Appellant’s claims. But with regard to the counterclaim the court adjourned it to enable the Respondent to lead evidence in proof thereof. On the return date the court heard the evidence but adjourned for judgment, which it delivered on 18th February 2004 upholding the counterclaim. A day later the Respondent filed entry of judgment.
The record shows that after the entry of judgment no proceeding took place in the matter until 13th October 2004 when notice of change of solicitor was filed on behalf of the Appellant. This was followed by motion to set aside the judgment of 18th February 2004. The principal ground was that he was not aware of the application as his previous solicitor did not communicate same to him. The long and short of it all is that the High Court dismissed the application on merit on 22nd December 2004, but gave reasons on 15th February 2005.
The next step in the proceeding took place on October 7th 2005 when the Appellant filed an ex parte application at the High Court asking for extension of time within which to appeal against the judgment of 18th February 2004. The High Court heard and granted the application. The Appellant filed a Notice of Appeal pursuant to the extension of time granted by the High Court. After the parties had filed their written submissions, the Respondent raised a preliminary objection to the appeal. Two grounds were raised namely: i) the Appellant failed to attach a copy of the order granting him extension of time to appeal as required by Rule 9(6) of the Court of Appeal Rules, 1997 (C.I.19) so the fail