March 2, 2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Supreme Court ruling, authored by V. J. M. Dotse JSC, concerns Jeleel Company Ghana Ltd’s application to stay execution of the Court of Appeal’s 28 October 2021 judgment that set aside the High Court’s order and writ of possession over land at Adentan. Jeleel had secured a default judgment on 31 July 2019 against Zion Energy Ltd, followed by a writ of possession executed on 5 December 2019. Trasacco Furniture Limited, not a party below but in actual possession with developments and sister-company offices, moved to set aside the writ; the High Court refused, but the Court of Appeal allowed the appeal and declared the writ and its issuance null. The Supreme Court rejected a preliminary objection that leave was needed to appeal, holding the orders were final. On the merits, applying Order 43 of C.I. 47 and authorities like Nene Narh Mati, the Court found the writ defective for failure to specify the parcel and failure to notify persons in possession. The stay application was dismissed.
DOTSE JSC:-
In this Ruling, the Plaintiff/Respondent/Appellant/Applicant, hereafter referred to as the Applicant prays this court for an Order to stay execution of the judgment of the Court of Appeal dated 28th October 2021 which was in favour of the Applicant/Appellant/Respondent hereafter referred to as Respondent.
FACTS OF THIS CASE
The Applicants herein issued out a writ of summons against Zion Energy Ltd., the Defendants therein on the 13th March 2019 before the High Court Accra in Suit No. LD/0539/2019 intitutled Jeleel Company GH. Ltd. – Plaintiff v Zion Energy Limited – Defendant.
The antecedents of the case indicated quite clearly that the Defendants therein did not contest the case as will soon be set out in portions of the judgment of the High Court on the matter.
RELIEFS CLAIMED BY THE APPLICANTS AGAINST DEFENDANTS THEREIN AT THE HIGH COURT
The Applicants claimed the following reliefs against the Defendants:-
a.“Declaration of title and recovery of possession of a parcel of land lying at Adentan with named boundaries and containing approximately 10.98 acres.
b.An order of perpetual injunction restraining the Defendant, its agents, assigns or otherwise howsoever described from entering, assigning, transferring or otherwise disposing of or dealing with or developing the land which is the subject matter of this action.
c.An order directed at the Lands Commission to expunge any recorded transactions affecting the land in dispute.
d.General and special damages for trespass and costs including legal fees.”
HIGH COURT DECISION
On the 31st day of July, 2019, the High Court, (Land Division 5) Accra, delivered and entered final judgment in favour of the Applicants herein in respect of their claims but reserved its reasons to the 15th of October 2019.
On the 15th December 2019, the High Court delivered itself thus:-
“It is trite learning that a Court will not declare title of land in favour of a litigant unless he/she described the identity of the land he/she claim, precisely. See case of Nortey (No 2) v African Institute of Journalism and Communication &Ors [2013-2014] 1 SCGLR 703. The plaintiff in the instant case has clearly described its land as being situate and lying at Adenta and given its dimensions and boundaries. It has also been able to trace is root of title to the Kplen We Family of La as the allodial title owners and called the head of family to corroborate Plaintiff’s claim. The Plaintiff in my view has been able to discharg