NANA AMPOFO KYEI BARFOUR v. GHANA RAILWAY DEVELOPMENT AUTHORITY
2015
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI (PRESIDING), JA
- GERTRUDE TORKORNOO, (MRS.), JA
- ANGELINA M. DOMAKYAAREH (MRS.), JA
Areas of Law
- Civil Procedure
- Land Law
- Judicial Review
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal dealt with issues surrounding the filing of a statement of defence by the 5th defendant and the subsequent procedural history involving setting aside and restoring default judgments. The court found that the trial judge erred in several respects, particularly in handling the timeline for filing the defence and in declaring the defence null and void. The appeal was allowed, and the 5th defendant's statement of defence was admitted for the trial to proceed on its merits.
JUDGMENT
AYEBI, JA
1. On 17th January 2013, the plaintiff/respondent as the occupant of the Asem Stool, sued four defendants for principally, a declaration that all that parcel or piece of land (fully described) being occupied by the Ghana Railway Company Limited indefeasibly forms part of Asem Stool Lands free from all manner of encumbrances. The writ of summons was accompanied by a statement of claim.
The four defendants the plaintiff/respondent originally sued were:
1. Justimo Construction Company Limited
2. Osei Kwame
3. Yaa Serwaa
4. Egg Sellers Association Limited
2. But upon an application by the 2nd defendant that it was his company which acquired the portion of the land being claimed by the plaintiff/respondent, Despite Company Ltd. was substituted in place of Osei Kwame as the second defendant
3. Upon a further application by the 2nd defendant, Despite Company Ltd, that the erstwhile Ghana Railway Corporation (now the Ghana Railway Development Authority) was its lessor of the portion of land it occupies and so should be joined to the suit, Ghana Railway Development Authority (GRADA) was joined to the suit as the 5th defendant.
4. The order for joinder made on 13th May 2013 is in the following terms:
“Application for joinder of the Ghana Railway Authority as 5th defendant is hereby granted. The Ghana Railway Authority is hereby given 14 days to file all processes they need to file. The plaintiff is to amend the title of the suit accordingly. Case is to take its normal course. Costs of GH¢200.00 is awarded to the plaintiff to enable him file the amended process”.
5. From the record the plaintiff/respondent’s amended writ of summons and statement of claim was filed on 22nd May 2013. An appearance was entered on behalf of the 5th defendant on 14th June 2013. On 16th July 2013, the plaintiff/respondent filed a motion for judgment in default of defence against the 5th defendant with a return date of 25th July 2013. But the motion was heard on 25th November 2013 and granted and the matter adjourned to 11th December 2013 for assessment of damages.
6. On the day of assessment, the 5th Defendant was represented by one Charles Asiedu. He told the court that the statement of defence of the 5th defendant was filed as far back as 2nd August 2013. It would appear that he showed a copy of the statement of defence to the court and applied orally that the judgment in default of defence be set aside. The then counsel for the plaintiff did not