November 15, 2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Supreme Court appeal arose from a property dispute over Naomi Inn at Mamfam, Apam, between the Agona Royal family’s head of family and the children of former head Ebusuapanyin Kofi Gyansah Impraim. The High Court, Winneba, declared the property to be family-owned after the case, originally filed at the High Court, Agona Swedru, was transferred via an undated registrar’s letter. The Court of Appeal affirmed. The Appellants challenged the transfer as contrary to Section 104(1)-(3) of the Courts Act, 1993 (Act 459), which vests transfer authority exclusively in the Chief Justice. The Supreme Court addressed the jurisdictional issue first, held that registrars lack authority to transfer cases and that non-compliance with the statute renders proceedings a nullity, distinguished Ex-Parte Appenteng’s discretionary certiorari context, rejected the presumption of regularity, and set aside the High Court and Court of Appeal judgments, allowing the appeal.
AMADU JSC
INTRODUCTION
(1)The issue for our determination in this appeal is very technical indeed. The Defendants/Appellants/Appellants herein, convinced that the statutory power of the Chief Justice with respect to the reassignment of cases from one High Court judge to the other. The Appellants have alleged that the statutory procedure not having been complied with when the High Court Winneba, exercised jurisdiction in hearing the suit until final judgment, the entire proceedings before the said High Court is a nullity, there being no order of transfer from the Chief Justice in accordance with Sections 104 (1)-(3) of the Courts Act 1993, (Act 459).
(2)This appeal is from the judgment of the Court of Appeal, Cape Coast which refused to set aside the judgment of the High Court Winneba thereby affirming the judgment of the Trial Court and dismissed the appeal by the 2nd and 3rd Defendants/Appellants/Appellants. By notice filed on 5th May, 2021, the 2nd and 3rd Defendants/ Appellants/Appellants (hereinafter referred to as Appellants), dissatisfied with the judgment of the Court of Appeal, set out the following grounds of appeal against the said judgment.
i.“The judgment delivered on 25th February, 2021 is against the weight of evidence.
ii.The Court of Appeal erred by reliance on an undated letter from the Registrar of the High Court indicating a notice of transfer since that letter qua letter; does not satisfy the provision of Section 104 (1) - (3) of the Courts Act, Act 459.
iii.Further grounds of Appeal shall be filed upon receipt of the record of appeal.”
(3)BACKGROUND FACTS
In order to fully appreciate the trajectory of the issue in contention between the parties, it is important to recount the facts giving rise to this appeal. By writ issued from the registry of the High Court Swedru, (the Plaintiff/Respondent herein) claimed jointly and severally against all the Defendants the following reliefs:-
a. “A declaration of title to the disputed house located at Apam and particularly described as NAOMI INN, MAMFAM, APAM and shares boundary on the North by Madam Aba Efi and Kweku Tawiah measuring 150 ft., on the East by Mr. J.A. Nziba measuring 80 ft., on the South by a road measuring 150 ft and on the West by the property of Kwame Ndziba (now Kow Dadzie) measuring 112 ft.
b.An order for perpetual injunction restraining the Defendant, their children and any one claiming through or under them from interfering with Plaintiff’s quiet enjoyment and right