JOHN KWADWO BOBIE v. 21ST CENTURY CONS. LTD. & ORS

J U D G M E N T

DENNIS ADJEI, J.A.:

On 27th March, 2012 the High Court Cape Coast in its judgment dismissed all the reliefs sought by the plaintiff on his writ of summons. The court further granted an interlocutory injunction to restrain the defendants from interfering with the portions of the land at Gomoa Buduburam which have been developed by the plaintiff pending the determination of ownership of same between the plaintiff and the defendants.

The plaintiff/appellant (hereafter called the plaintiff) filed an appeal against the said judgment on 2nd April, 2012. The plaintiff filed five (5) grounds of appeal against the judgment. On 16th April, 2012, the defendants/respondents (hereafter called the defendants) who were also dissatisfied with the judgment of the trial High Court also filed Notice of Cross Appeal.

The term Notice of Cross Appeal is alien to the Court of Appeal Rules C. I. 19. Rule 15 of C.I. 19 makes provision for the filing of Notice of Variation of Judgment. The appropriate terminology known to C. I. 19 is Notice of Variation of Judgment and not Notice of Cross Appeal. Rule 15(1) of C.I. 19 provides that it is not necessary that a respondent files a notice by way of cross petition but the respondent who intends to contend that the decision of the trial court should be varied shall within one month after service of notice of appeal on him or her may file notice for variation of judgment as set out in Form 7 of C. I. 19. The Supreme Court Rules C. I. 16 Rule 9 thereof has rather made provision for cross appeal. Even though the defendants headed the process filed by them as Notice of Cross Appeal instead of Notice of Variation of judgment, I will cure the defect with Rule 63 of C.I 19 as it will not occasion any miscarriage of justice. The defendants also set down five (5) grounds of appeal.

The facts of this appeal do not admit any ambiguity. There was a dispute between the 1st defendant herein and Adade Memorial Farms Limited before the High Court Cape Coast. The 1st defendant herein who was the plaintiff therein was claiming against the defendant inter alia, for a declaration of title to a parcel of land at Gomoa Buduburam covering an area of 102 acres. Before the institution of the suit before the High Court Cape Coast, one Nana Abor Yamoah II and 5 other chiefs had instituted an action against the 6th and the 1st defendants in this appeal in the High Court Cape Coast with Suit No. E1/25/04. The writ was filed on 20th February, 2004