NII OTSWENMAH NMASHIE III & ANOTHER v. THE CHIEF REGISTRAR, LAND TITLE REGISTRY
2015
COURT OF APPEAL
GHANA
CORAM
- F. KUSI APPIAH, J.A. (PRESIDING)
- F.G. KORBIEH, J.A.
- S. DZAMEFE, J.A
Areas of Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellants, Nii Otswenmah Nmashie III and Nii Adjei Adjetey Ten, initially filed an application in the High Court for enlargement of time to seek Certiorari and Mandamus to quash certain land certificates. The application faced multiple procedural failures, including non-compliance with orders to serve all interested parties, leading the trial court to dismiss it. The appellants' notice of appeal was found to be defective but was treated as a curable irregularity. The appellate court upheld the trial court’s decision, emphasizing the need for procedural adherence and fair process, ultimately dismissing the appeal as unmeritorious.
J U D G M E N T
F.G. KORBIEH, J.A.
I will start this judgment by first trying to deal with the issue of the title of the suit. But in so doing I will also be narrating the chronology of the events leading to this appeal. The suit commenced in the High Court as an application for enlargement of time within which to apply for orders of Certiorari and Mandamus and was titled:
“ NII KWEI BADU & OTHERS
VRS.
JOSEPH MARTEY ODONKOR & 5 OTHERSIN THE MATTER OF AN APPLICATION BY NII OTSWENMAH NMASHIE III AND
NII ADJEI ADJETEY TEN FOR ENLARGEMENT OF TIME TO APPLY FOR ORDERS OF CERTIORARI AND MANDAMUS
AND
IN THE MATTER OF THE REPUBLIC VRS. THE CHIEF REGISTRAR, LAND TITLE REGISTRY, VICTORIABORG, ACCRA
EX PARTE NII OTSWENMAH NMASHIE III AND NII ADJEI ADJETEY TEN, PURSUANT TO ORDERS 55 (P179) AND 80 R4 OF C.I. 47 2004”
At this point in time the title of the previous suit disappeared from the title of this present suit. Of course after the order for enlargement of time was granted, the phrase “For Enlargement of Time” was also removed from the title of the suit. But more importantly in both the motion paper and the supporting affidavit five persons, whose land certificates were sought to be brought into court and quashed by the order of certiorari, were specifically mentioned and their particulars, including their addresses, were given but neither were they made parties to the suit nor was the application served on them. Meanwhile the affidavit in support indicated that the only person directly affected by the application was the Chief Registrar of Lands. Somehow the Interested Parties in this appeal, namely Moufid El-Adas and Aral Limited got to know about the application and applied to be joined to the suit as 2nd and 3rd Respondents. Even though there is nothing on the record that indicates that the motion for joinder was ever moved, there is evidence that they were joined to the suit. Meanwhile the application for enlargement of time was granted and the Applicants ordered to file the relevant papers within ten days. The motion for orders of certiorari and mandamus was filed and this time the following were supposed to be served with the application: Amartefio and Co., B.B. Quaye Esq., Solicitors for Manet Housing Ltd., Chief Registrar, Land Title Registry and Regimanuel Gray Ltd. or its Solicitor. Except for the Chief Registrar of Lands, there is nothing on the record to show that any of these other persons were served. The court notes on page 52 of the recor