2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This interlocutory appeal arises from a High Court ruling in Ho summarily substituting Francis Kwame Dzide as plaintiff in a representative land case over the Kpando lorry park. The action was initiated by Daniel Yao Dzide as head of the Sam Dzide family, with transport unions operating at the park as co-plaintiffs, against a unionized transport body and its elected officers seeking title, possession, rent arrears, cancellation of any adverse registration, and injunctive relief. After Daniel Yao Dzide’s death during trial, the substitution motion asserted the wider Dzide family had appointed Francis Kwame Dzide as successor head; affidavits in opposition, notably by Jude Yao Dzide, contested the appointing authority and authenticity of supporting documents. On appeal, the Court of Appeal faulted the trial judge’s failure to give reasons but, conducting a rehearing on affidavits under CI 19, held that unrefuted evidence (including a 2002 statutory declaration) showed the wider Dzide family customarily appoints the Sam Dzide branch head. The appeal was dismissed, substitution affirmed, and costs awarded.
AGYEMANG JA: In this interlocutory appeal against the ruling of the High Court, Ho, delivered on 30th July 2018, the defendants/appellants seek the setting aside of the aforesaid ruling.
These are the matters that have given rise to the instant interlocutory appeal.
The plaintiffs/respondents (hereafter referred to alternately as the plaintiffs, or the respondents), commenced suit against the defendants/appellants(defendants or appellants) for inter alia, a declaration of title to all that piece or parcel of land situate, lying and being at Kpando, in use as a vehicle terminal(lorry park), bounded on one side by the main Accra-Kpando road, on another side by the Kpando-Kudzra road and the Tsava stream and on the other side by the Ekpe family land and on the last side by the Liberty Lodge and Kpando old public cemetery; recovery of possession, arrears of rent, an order to set aside any Registration and Land Title made in favour of the defendants, as well as injunctive relief against the defendants and their privies.
The suit was brought by the first plaintiff who described himself as the head of the Sam Dzide family of Kpando Tsakpe Tsadome, and that the suit had been brought as a representative one for the said family.
The first defendant was described as a unionised body engaged inter alia in transport business and the other defendants were described as elected officers of the first defendant.
In the course of time, two other persons: unionised bodies engaged in the transport business operating from the Kpando Lorry Park, acting by their respective Chairmen: Francis Kweku Adjei and Joseph Doh, were joined to the suit as the second and third plaintiffs.
The first plaintiff later appointed one Francis Kweku Adjei, the representative of the second plaintiff, as his lawful attorney to prosecute the instant suit on his behalf.
The suit took its normal course and hearing began.
The said lawful attorney of the first plaintiff and the representative of the second plaintiff (Francis Kweku Adjei) who had given a witness statement, was cross-examined at length.
Another witness (PW1) who had also given a witness statement was undergoing cross-examination when two things occurred: the first plaintiff as well as the second defendant’s representative passed on.
Following this, a notice of motion for the substitution of one Francis Kwame Dzide for the first plaintiff was filed.
In the supporting affidavit, the deponent: the said Francis Kwame Dzide deposed tha