November 9, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
On appeal to the High Court, Justice Naana Bedu-Addo reviewed a District Magistrate Court, Dzodze judgment dated 30 November 2021 entered by Her Worship Rejoice Aseye Gadagoe in favour of the Defendants/Respondents. The suit, begun on 26 April 2019, sought declaration of title, ownership, recovery of possession, injunctive relief, and damages over land at Dekporyia bounded by properties of Akuamasa, Tokpo, Agorgli, and Sotorgbe. During trial, the 2nd Respondent filed a joint witness statement attaching three customary arbitration awards (Exhibits A, B and C) concerning chiefly and spiritual rites adjudications by Torgbui Banitsi’s Regent, Torgbui Gbordzor VIII, and Torgbui Esru Awadada IV. Without the Respondents opening their defence or tendering the exhibits, the magistrate truncated cross‑examination, examined the awards herself, and entered a consent judgment based on Exhibit C. On appeal, the High Court held it was improper to rely on untendered exhibits and that res judicata did not apply because the arbitration subject matter differed from the land‑title claims. It set aside the judgment, ordered a de novo trial, and awarded GH₵5,000 costs to the Appellants.
JUDGMENT
Before this Court is an appeal by the Plaintiffs/Appellants (hereinafter referred to as
the ‘’Appellants’’) against the judgment of the District
Magistrate Court, Dzodze presided over by Her Worship Rejoice Aseye Gadagoe
dated 30th November, 2021, which is found on pages 106 to 110 of the record of
appeal (‘’ROA’’) which was in favour of the
Defendant/Respondents (‘’Respondents’’).
The Appellants being dissatisfied with the judgment have appealed against same to
this Honourable Court. The grounds of appeal filed by the
Appellants on 4th January, 2022 are as follows: -
a) The judgment is against the weight of evidence.
b) The trial court erred when it adopted and enforced the arbitral award of
Torgbui Esru Awadada IV as a consent judgment of the Court.
c) Additional ground(s) of appeal may be filed on receipt of the Record of
Appeal.
No additional ground(s) of appeal have been filed by the Appellants.
FACTS
The summary of the facts are that the Appellants on the 26th April, 2019 instituted
action against the Respondents at the trial court for the following
reliefs :-
a) Declaration of title, ownership and recovery of possession of that parcel of
land, situate, lying and being at Dekporyia and bounded as
follows: -
On the one side by the property of Akuamasa,
On another side by the property of Tokpo, On
another side by the property of Agorgli,
On the last side by the property of Sotorgbe.
b) Perpetual Injunction restraining the Defendants jointly by themselves, their
agents, assigns, workmen and privies from entering the disputed land.
c) General damages.
d) Costs.
On 5th May, 2019 the trial court ordered the parties to file their respective pleadings.
The Respondents also caused their lawyer to file a Notice of Intention to defend
action on 6th May, 2019.
The trial court further ordered the parties to file their respective witness statements
and on 9th October, 2019, the 2nd Respondent filed a joint witness statement and
attached three different settlement or arbitral awards and marked them as Exhibits
A, B and C. When trial begun, the witness statement of the 2nd Appellant was relied
on and same was adopted by the court as their evidence – in – chief and crossexamination of the 2nd Appellant began.
On 17th September, 2021, Counsel for the Respondent chose not to continue with the
cross-examination of the 2nd Appellant but rather informed the trial court that there
are three (3) valid arbitration awards with