Joshua Attoh Quarshie v. Nii Kojo Danso and 3 Ors
2016
COURT OF APPEAL
GHANA
CORAM
- Kusi-Appiah, J.A. (Presiding)
- Larbi (Mrs.), J.A.
- Agyemang (Mrs.), J.A.
Areas of Law
- Civil Procedure
- Contract Law
- Property and Real Estate Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this interlocutory appeal, the appellant challenged the decision of the Land Court, Accra, which dismissed his application for substitution in a family land compensation suit. The original plaintiff had won a judgment for compensation before dying and being replaced by his son, unbeknownst to the appellant who was authorized by the family. The appeal court found that the trial judge made errors in understanding the application as a joinder and failed to provide a fair hearing, violating the principles of natural justice. The appellant's substitution was granted, removing the son in favor of the authorized family representative, and highlighting the procedural expectations in representative suits.
AGYEMANG, JA: In this interlocutory appeal, the appellant seeks a reversal of the ruling of the Land Court, Accra, delivered on the 10th of March 2015. The matters that have given rise to the appeal are as follows: On the 13thof April 2005, the High Court gave judgment for Nii Kojo Danso I, who sued as representative of the Ajumanku Dawurampong Royal family and Clan of Nii Kofi Akrashie We of Ngleshie Alata, James Town, Accra (hereafter referred to alternately as “the family”). The judgment was against the defendants/respondents herein, and it was for the payment of the sum of GHC 57, 433, 900 being part-payment of compensation under EI 27, S. 1 (1) of the State Lands Act (Act 125) as amended, for the compulsory acquisition by the Ghana Government, of Dansoman Lands.
It is uncontroverted that in the lifetime of the original plaintiff Nii Kojo Danso I, the appellant (head of Otukunor We (one of the Divisions of the family), was authorised by the family acting by its principal members, to represent it in court.
After judgment was entered, the appellant went into execution and secured the payment of GHc100, 000 for the family.
The original plaintiff (Nii Kojo Danso I) died on 4th September 2009. One Alhaji Issah Oblitey was, on his own application, substituted for the plaintiff without the knowledge of the appellant.
When it came to his notice, the appellant, having been so authorised by the family, applied to have the said substitution set aside.
Prior to this application, an application had been brought before the same court by one Nii Kojo Danso II, son and customary successor of the original plaintiff, for substitution in place of the original plaintiff.
While the two applications were pending, the application for substitution by Nii Kojo Danso II was granted by the court.
The appellant whose application to set aside Alhaji Issah Oblitey’s substitution was overtaken by the said event, then applied to be substituted for the original plaintiff in place of Nii Kojo Danso II.
The application was dismissed by the learned trial judge on the ground that it was an application for joinder which she could not grant post-judgment.
The appellant sought a review of the ruling, drawing the court’s attention to the fact that the application had not been for joinder as the learned trial judge supposed, but for substitution.
The learned trial judge dismissed the application for review also, stating that the court had already substituted Nii Kojo Danso II.
It is