February 24, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
M & G Pharmaceuticals Ltd appealed from a High Court (Land Division), Accra judgment that had favored Patience Obieley Dowuona‑Hammond White and Christiana Dowuona‑Hammond, who sued initially on behalf of the Laingoye Lartey family over land on Bannerman Road, Accra. The Court of Appeal, per P. Bright Mensah JA, found the plaintiffs lacked capacity because the property had devolved to the Sarah Addo family, and representative suits concerning family property should be brought by the proper head or authorized representatives. On the evidence, the court held that Rosemond Mark‑Hansen was the Sarah Addo family head in 2000 and validly granted a lease to M & G, and even if only a spokesperson, such a grant would be voidable, not void. The court also held the plaintiffs’ action was statute‑barred under section 10(1) of the Limitation Act, noting their awareness of M & G’s possession since 2001. Concluding the High Court’s judgment was against the weight of evidence, the Court of Appeal allowed the appeal, set aside the judgment and injunction, declared M & G’s leasehold title, awarded general damages and costs, and granted all reliefs on M & G’s counterclaim.
BRIGHT MENSAH JA:
The instant appeal has been launched against the judgment of the High Court [Land Division], Accra delivered 22/05/2018 in favour of the plaintiffs/respondents herein. Being dissatisfied with the decision, the defendant/appellant herein has filed an appeal urging this court to overturn the judgment. Per the notice of appeal filed in this court, the defendant/appellant complains that:
1. The learned trial judge erred by holding that the plaintiffs have
capacity to bring their action.
2. The learned trial judge erred by failing to make a determination
on the triable issue of whether or not Rosemond Mark Hansen
was a head of the Sarah Addo Family.
3. The learned trial judge erred by granting the plaintiffs reliefs not
sought by them per amended writ of summons.
4. The learned trial judge erred by holding that the plaintiffs’ action
was not statute barred.
5. The learned trial judge erred by dismissing the defendant’s counter-
claim and ordering a cancellation of its land certificate No. GA
18620 in Land Register Volume 15 Folio 85.
6. The judgment is against the weight of evidence on record.
In this appeal, the defendant/appellant shall simply be referred to as the appellant whilst the plaintiffs/respondents shall be called the respondents.
The writ:
The original parties who caused the writ of summons to be issued in the registry of the High Court [Land Division], Accra on 27/12/2013 were Gabriel Jonas Dowuona-Hammond and Patience Dowuona-Hammond White. It was pleaded in the statement of claim that accompanied the writ that Gabriel Jonas Dowuona-Hammond was the oldest surviving male member of Laingoye Lartey family and the head of the said family whilst Patience Dowuona-Hammond White was described as a housewife then domiciled in the United Kingdom but has relocated to live in Accra at the institution of the case. It is noted that Gabriel Dowuona-Hammond passed on whilst the case was still pending for trial. In the result by an order of the lower court made on 14/11/2016, he was substituted by Patience Dowuona-Hammond White as the 1st plaintiff whilst Madam Christiana Dowuona-Hammond was then joined as the 2nd plaintiff. The title of the case was therefore amended to read:
1. Gabriel Jonas Dowuona-Hammond (substituted by Patience
Obieley Dowuona-Hammond White)
2. Patience Obieley Dowuona-Hammond White (substituted by
Christiana Dowuona-Hammond)
Suing for themselves and for the Laingoye Lartey Family)
All of