JOSHUA BEDFORD v. ALHASAN & 3 OTHERS
April 27, 2022
COURT OF APPEAL
GHANA
CORAM
- IRENE CHARITY LARBI (MRS.), JA (PRESIDING)
- GEORGINA MENSAH-DATSA (MRS.), JA
- YAW DARKO ASARE, JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
April 27, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal (per Georgina Mensah-Datsa, JA, with Irene Charity Larbi, JA (Presiding) and Yaw Darko Asare, JA concurring) dismissed an appeal from a Cape Coast High Court ruling that denied the Defendants/Appellants’ motion to transfer a land suit. The Respondent had sued on 1 August 2016 for declaration of title, possession, injunction, trespass damages and costs regarding a 0.76-acre parcel in Kasoa, Central Region. The 1st and 2nd Appellants sought transfer, claiming the land lies in Greater Accra and is Ngleshie Amanfro Family Stool property, but the High Court refused and awarded GH¢1,000 costs. On appeal, the Court held that under Order 3 rule 2(1)(a) of C.I. 47, any venue objection must be raised before or at the time for filing a defence; the Appellants entered unconditional appearance, missed the deadline, and later filed a defence, thus taking a fresh step and waiving any venue objection. The Court also rejected the “against the weight of evidence” ground, finding no argued basis for reversal, and affirmed the High Court.
GEORGINA MENSAH-DATSA (MRS.), J.A.
This is an appeal by the Defendants/Appellants (hereinafter referred to as Appellants) against the ruling of the High Court, Cape Coast dated 12th April, 2017 in favour of the Plaintiff /Respondent (hereinafter referred to as Respondent).
The grounds of appeal are as follows:
a. The ruling is against the weight of evidence.
b. The learned Judge erred as the issue is as to jurisdiction.
The Plaintiff/ Respondent instituted this action on the 1st August, 2016 against the Defendants /Appellants for the following reliefs:
i. A declaration of title of all that land described in the schedule below.
ii. Recovery of Possession
iii. A perpetual injunction to restrain the Defendants themselves, their servants, workmen or agents, or otherwise howsoever, from erecting or continue to erect upon the Plaintiff’s land.
iv. Damages for trespass.
v. Costs
Schedule
ALL THAT piece or parcel of land containing an approximate area of 0.76 acre, known as Plot Nos. 198, 199, 200 and 201, Sector 15, Block A, in the Kasoa Oudponkpehe Residential Area Layout in the Awutu-Efutu-Senya District in the Central Region of the Republic of Ghana bounded on the North East by proposed lane of 20 feet measuring 195 feet, more or less on the South East by proposed road of 40 feet measuring 175 feet, more or less on the South West by Plot Nos. 196 and 197 measuring 200 feet, more or less on the North West by proposed road of 60 feet measuring 175 feet, more or less which that piece or parcel of land is more particularly delineated on the plan attached hereto and thereon shewn edged pink.
The subject land in dispute herein is situate at Kasoa in the Awutu- Efutu Senya District in the Central Region. The Respondent is said to residence in Accra and the Appellants in Kasoa. The Respondent instituted this action in the Cape Coast High Court.
After the 1st and 2nd Defendants/Appellants were served with the Plaintiff/ Respondent’s Writ of Summons and Statement of Claim, the 1st and 2nd Defendants/Appellants filed a Motion on Notice to transfer the Suit. In their affidavit in support, they averred that their land is in the Greater- Accra Region and belongs to the Ngleshie Amanfro Family Stool. They admitted that administratively, the area falls under the Awutu District but only for administrative purposes only. They asserted that the proper forum would be the Winneba or Swedru High Courts and prayed that the case be referred to the Chief Justice office t