GEORGINA NAA AHINEY AMARTEY v. MRS. WINIFRED IDDRISU
April 29, 2009
SUPREME COURT
GHANA
CORAM
- DATE-BAH, J.S.C (PRESIDING)
- ANSAH, J.S.C.
- ADINYIRA, J.S.C.
- DOTSE, J.S.C.
- B. BONNIE, J.S.C
Areas of Law
- Civil Procedure
- Property and Real Estate Law
April 29, 2009
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Justice J. V. M. Dotse J.S.C. wrote for a unanimous Ghana Supreme Court (Date‑Bah J.S.C., J. Ansah J.S.C., S. O. A. Adinyira J.S.C., and P. Baffoe‑Bonnie J.S.C. concurring) in an appeal arising from a Tesano land dispute. The claimant sought title, trespass damages, and an injunction in the High Court, while the opposing party filed a pleading styled “Further Defence to Reply and Counterclaim” on 18 December 2000. Multiple High Court judges presided, including Kusi‑Appouh J, who inferred leave had been granted; proceedings were adopted and Cecilia Sowah J ultimately entered judgment on the counterclaim. The Court of Appeal later allowed an appeal, holding the December 2000 process was filed without leave. Affirming, the Supreme Court held that the process was unknown to the High Court Civil Procedure Rules (LN 140A), void ab initio, and incapable of being cured by Order 70; consequently, all steps built on that void process collapsed, and the Court of Appeal’s judgment stood.
J U D G M E N T
DOTSE , J.S.C:
This is an appeal by the Defendant/Respondent /Appellant, hereinafter referred to as the Defendant, against the judgment of the Court of Appeal dated November 26, 2006 wherein judgment was given in favour of the Plaintiff/Appellant/Respondent, hereinafter referred to as the Plaintiff. The Plaintiff instituted action in the High Court, Accra on May 26, 2000 against the Defendant, claiming the following reliefs:-
1. A declaration of her title to a piece of land situate at Tesano in Accra in the Greater Accra, Region of the Republic of Ghana described as parcel No. 376 Block 1, section 050 as delineated on Land Registry Map No. 004/050/88 in the Land Title Registry Victoriaborg, Accra and edged with pink colour on plan No. 281/98 annexed to Land Certificate No. GA 13477 issued by the land Title Registry on January 22, 1999.
2. Damages for trespass committed by the defendant, her servants, workmen, agents and or privies on the said land.
3. An order of perpetual injunction restraining the defendant, her servants, workmen, agents and or privies from trespassing on the said land.
After service of the writ of summons and statement of claim on the Defendant, she entered appearance and filed her Defence personally.
Thereafter she engaged the services of Counsel, James Ahenkora Esq. who subsequently filed NOTICE OF APPOINTMENT of Solicitor on her behalf and has remained her Solicitor to date.
Learned Counsel for the Plaintiff filed a reply to which Counsel for the Defendant filed objections to the following effect:-
1. That the Plaintiff had used the reply to plead new matters which the Defendant would ordinarily not have the opportunity to react to because of the stage at which it had been introduced in the reply, which is the last pleading before summons for Directions.
2. The Defendant argued that the offending pleadings be removed from the Reply and instead form part of amendment so that the Defendant can also reply to same by filing an amended Defence.
The objections raised by Counsel for Defendant therefore sought to introduce amendments by the Plaintiff to enable the defendant also amend her Statement of Defence. Reference pages 20 and 21 of the appeal record.
From the appeal record, it is clear that both Counsel for the parties briefly argued this case on the objections raised by learned Counsel for the Defendant.
Thereafter, the learned trial Judge at the time Ofoe J as he then was, adjourned the suit to the