JOSEPH Q. HANSEN-SACKEY & ANOR VS NANA OTIA 1
2024
COURT OF APPEAL
GHANA
CORAM
- P. BRIGHT MENSAH JA PRESIDING
- JEROME NOBLE-NKRUMAH JA
- HAFISATA AMALEBOBA (MRS) JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Administrative Law
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal considered whether the Nsawam High Court properly exercised its discretion when it refused consolidation of two related land suits and, without a motion or hearing, struck out Suit No. C1/01/2021 as an abuse of process. The underlying dispute involves land rights asserted by Joseph Quarcoopome Hansen‑Sackey and another against Nana Otia, with allegations of fraud and collusion at the Lands Commission. After a joinder motion to add the Lands Commission was refused, Nana Otia sued the Commission and sought consolidation. The trial judge labeled the fresh suit abusive and dismissed it sua sponte. Applying standards for appellate interference with discretion from Sappor v Wigatap and due‑process principles, the Court of Appeal held the judge exceeded jurisdiction, acted without due process, and appeared biased. The court allowed the appeal, granted joinder and consolidation, and awarded costs to Nana Otia.
BRIGHT MENSAH JA:
My Lords, the ambit of the instant appeal is a call on us to interfere with judicial discretion exercised by a court. The chief question in the appeal is whether the Nsawam High Court ever exercised properly, its judicial discretion per a Ruling delivered 29/04/2021 by which the lower court dismissed an application by the defendant/appellant herein, for consolidation of two (2) suits pursuant to Order 31 r 2 of the High Court [Civil Procedure] Rules, 2004, C.I 47 and proceeded to dismiss Suit No. CI/01/2021 intituled Nana Otia v Joseph Quarcoopome Hansen-Sackey & 2 ors that the applicant sought to consolidate with the present suit No. C1/44/2019 intituled Joseph Quarcoopome Hansen-Sackey & anr v Nana Otia. The basis for the dismissal or the striking down of the suit, according to the learned trial judge, was that the fresh suit the defendant/appellant filed which he sought to consolidate it with the other suit was an abuse of legal process,.
Key background:
On record, the plaintiffs/respondents herein on 23/04/2019 mounted an action against the defendant/appellant at the Nsawam High Court claiming the under listed judicial reliefs endorsed on their writ of summons:
a) A declaration that the plaintiffs have superior title to the parcel
of land described in paragraph 3 supra;
b) An order for recovery of possession of the said land;
c) An order for perpetual injunction restraining the defendant, his assigns, privies, agents, workers howsoever described from dealing in any manner with the subject land pending the final determination of the suit.
d) An order directed at the Lands Commission, Land Registry Koforidua to expunge from their records all conveyances, transfers and alienation of plots of land belonging to the said land.
e) An order directing the defendant to account for and pay into court proceeds/consideration realized from the wrongful alienation of portions of the land.
f) Damages for trespass;
g) Costs including lawyer’s fees.
Upon being served with the writ of summons and statement of claim that accompanied the writ, the defendant/appellant entered appearance and subsequently filed a statement of defence and counterclaimed against the plaintiffs/respondents as follows:
a) an order directed at the Lands Commission to expunge from its records the registration of the parcel of land at the Lands Registry as KD30/1196/16 in favour of the plaintiff and restore the registration of the defendant’s family land as appeared