GUSTAV ANOKYE-YEBOAH v. REBECCA ORLEANS-WILLIAMS
2013
COURT OF APPEAL
GHANA
CORAM
- HONYENUGA, J.A
- ADJEI, J.A
- ACKAH-YENSU, J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves a dispute over a piece of land in Adisadel, Cape Coast. The plaintiff sought various reliefs including declaration of title and damages for trespass. Service was substituted and the defendant did not appear in court, leading to a default judgment for the plaintiff. The defendant moved to set aside the judgment on grounds of improper service, claiming the address used was not her residence. The trial judge denied this motion. On appeal, it was held that the substituted service was improperly executed, making the default judgment null and void. The case was ordered to be re-heard by a different High Court.
J U D G M ENT
ADJEI, J.A:
This appeal is against the judgment of the Cape Coast delivered in favour of the plaintiff/respondent on 14th December, 2011. In this appeal, the plaintiff/respondent would be referred to as the plaintiff and the defendant/respondent as defendant.
The plaintiff per his amended writ of summons instituted the suit which has culminated in this appeal for the following reliefs:
“1. Declaration of title to all that piece or parcel of land lying and situate at Adisadel Cape Coast metropolitan Area in the Central Region, the boundaries whereof commencing at Survey Pillar, marked W.25/58/8 on a bearing of 230 30’ which bearing together with all further bearings hereinafter mentioned is referred to the meridian of 10 West Longitude which runs for a distance of 140 feet to pillar, GAY 1,thence on a bearing of 3290 00’ for a distance of 90 feet pillar GAY 2,thence on a bearing of 600 00 for a distance of 100 feet to pillar GAY 3, then on a bearing of 1480 30’ for a distance of 90 feet to pillar GAY 4,thence finally on a bearing of 2400 00’ for a distance of 100 feet` to pillar Gay 1, being the point of commencement and thus enclosing an approximate area of 0.21 of an acre.
2. Damages for Trespass
3. Recovery of Possession
4. Perpetual Injunction restraining the Defendant by herself/her agents/assigns/servants or anybody claiming through her etc. from having anything to do with the land”.
On 1st November, 2011, the trial High Court granted leave to the plaintiff to serve the writ of summons and the statement of claim on the defendant by substituted service.
The Court in its ruling on the substituted service states as follows:
“It is hereby ordered that the defendant be served with the amended statement of claim in the manner as indicated in paragraph 5(1) (11). The postings shall remain for 14 days”.
The paragraph 5 of the plaintiff’s affidavit in support of his application states that the amended writ of summons and the statement of claim were to be served on the defendant by posting same on the last known place of abode of the defendant at H/No. D. 14/2 Commercial Street, Cape Coast and the Notice Board of the High Court, Cape Coast.
On 2nd November, 2012, the Principal Bailiff attached to the High court Cape Coast posted the Amended Writ of Summons, the amended Statement of claim and order for substituted service on the defendant by posting the said processes on the Notice board of the High Court Cape Coast and the last kno