GH. TABATI LIMITED v. SOCIAL SECURITY & NATIONAL INSURANCE TRUST (SSNIT) & ORS
2013
COURT OF APPEAL
GHANA
CORAM
- OWUSU M., J.A. (PRESIDING)
- MARFUL-SAU, J.A.
- SAEED GYAN, J.A
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal set aside a High Court judgment that dismissed a plaintiffs claim in a land dispute. The appeal was successful on procedural grounds, particularly concerning the improper service of a transfer order and erroneous findings regarding the plaintiff's non-appearance. The court held that documentary evidence should prevail over oral testimonies that contained inconsistencies. The appeal raised pivotal issues including service of process, failure to amend writ post-joinder, and the trial courts discretion in handling procedural applications. The case was remitted for retrial before a different judge.
JUDGMENT
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