2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involved a dispute over the rightful possession and ownership of a parcel of land. The plaintiff claimed their failure to appear in court and respond to notices was due to improper service of the transfer order. While the High Court ruled against the plaintiff, the Court of Appeal found significant procedural errors, particularly regarding service and the joinder of the Lands Commission, warranting a retrial. The appeal was allowed, and the plaintiff's case was restored for a new trial in the High Court.
MARIAMA OWUSU, J. A: On 8-4-2011, the High Court, Accra, dismissed the plaintiff’s application for an order to set aside the judgment of the Court dated 14-1-2011. Dissatisfied with the decision of the Court, the plaintiff appealed to the Court of Appeal on the following grounds: 1. The learned trial Judge failed to exercise his discretion judicially when he refused to grant the application to set aside the judgment of the Court dated 14-1-2011 and restore plaintiff/appellant’s action.
2. That the judgment is against the weight of the evidence.
3. That the learned trial Judge failed to consider the case of the plaintiff/appellant in dismissing the application to set aside the judgment of the Court.
4. Additional grounds of appeal will be filed on receipt of the ruling of the High Court.
The relief sought from the Court of Appeal is for “The reversal of the ruling of the High Court dated 14-1-2011 and the restoration of plaintiff/appellant’s action.
Before dealing with arguments canvassed in support and against this appeal, I would like to give the background to this case.
The Plaintiff/Applicant/Appellant issued out a writ of summons against the defendants jointly and severally for the following reliefs: a. A declaration of title to all that piece or parcel of land situate, lying and being at Ridge, Accra otherwise known as Plot No. 27b, Ambassador Hotel Planning Scheme, Independence Avenue, West Ridge.
b. Recovery of Possession of the said parcel of land c. Damages for trespass thereto.
d. An Order of perpetual injunction restraining the defendants whether by themselves, their servants, agents and privies whosoever from further interference in any manner whatsoever, with the plaintiff’s beneficial ownership and possession of the said parcel of land.
e. Cost, including lawyer’s fees.
f. Further or other relief(s). In the Statement of Claim that accompanied plaintiff’s writ of summons, the latter avers among other things that it is a Private Limited Company registered under the laws of Ghana whilst the defendant is a statutory body and 2nd defendant is the head of the 1st defendant’s institution and responsible for the day to day administration of the 1st defendant.
The plaintiff averred further that by virtue of a Deed of Lease dated 22-12-2006 plotted at the Lands Commission on 31-3-2007 and duly stamped as LVB 6369/07 made between the Government of Ghana, as the Lessor and the plaintiff as the Lessee, the said Lessor demised Plot No. 27B Am