March 31, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal, authored by Justice Angelina M. Domakyaareh with Justices Alex B. Poku-Acheampong and Samuel K. A. Asiedu concurring, arises from a High Court ruling that struck out an action over Plot 18, Block HX/H.No. 18A, Bomso Extension, Maxima-Ayigya. The plaintiff, a litigant-in-person, sought recovery of possession, eviction of persons linked to the Comptroller-General of the first defendant, and various damages and constitutional reliefs. The High Court dismissed the suit on two grounds: lack of capacity and failure to give the 30-day notice to the Attorney-General under section 10 of the State Proceedings Act, 1998 (Act 555). The Court of Appeal held that Order 9 rule 8 does not permit capacity challenges via a conditional appearance motion; such challenges should be pleaded and, if necessary, tried as an issue. It further held that section 20(2) mandates that non-compliance with the notice requirement cannot lead to dismissal; the court must direct service and adjourn. The appeal was allowed, the ruling set aside, and the case remitted to a differently constituted High Court.
DOMAKYAAREH (MRS.), JA
[1] This is an appeal from the Ruling of the High Court, Kumasi, dated March 15, 2021. For ease of reference, the parties in this appeal will retain their titles at the trial court.
On 14th January, 2021, the Plaintiff issued a Writ of Summons accompanied by a Statement of Claim and claimed the following eleven (11) reliefs against the Comptroller-General of the 1st Defendant.
RELIEFS:
a. An immediate Order for the recovery of possession of Plot 18 BLOCK HX/H.No 18A BLOCK HX Bomso EXT Maxima-Ayigya from the clutches of the Comptroller-General(and/or Chairperson) of the 1st defendant.
b. An Order for the immediate eviction of servants/ accomplices/ agents/ privies of the Comptroller General of the 1st defendant from the premises of plot 18 BLOCK ‘HX’/(H.No. 18A BLOCK HX Bomso EXT) Maxima-Ayigya.
c. General and special compensatory damages against the Comptroller-General of the 1st defendant for malicious harm caused to the premises of plot 18 BLOCK ‘HX’/H.No. 18A BLOCK HX Bomso EXT Maxima-Ayigya and its surroundings.
d. Additionally, consequential damages for trespass against The Comptroller-General of the 1st defendant.
e. Payment of Mesne profits from the date of compulsory possession, occupation, use, enjoyment and illegal detention of plot 18 BLOCK ‘HX’/H.No 18A BLOCK HX Bomso EXT Maxima-Ayigya until the immediate eviction of all accomplices/servants /privies of the Comptroller –General of the 1st defendant.
f. A declaration that the compulsory possession, occupation and illegal detention of plot 18 BLOCK ‘HX’/H.No. 18A BLOCK HX Bomso EXT Maxima-Ayigya by the agents/servants/privies of the Comptroller-General of the 1st defendant is illegal, unconscionable and an intolerable nuisance.
g. A prohibition order barring the Comptroller –General of the 1st defendant and invariably all his agents/servants from burning anything on any part of plot 18 BLOCK ‘HX’/H.No 18A BLOCK HX Bomso EXT; Maxima-Ayigya and/or pursuing acts and omissions that would further endanger the integrity of plot 18 BLOCK ‘HX’/H.No. 18A BLOCK HX Bomso EXT; Maxima- Ayigya until the final conclusion of this action.
h. Cost occasioned by this action.
i. Punitive damages against the Comptroller-General of the 1st defendant to serve as a deterrent to future copycats.
j. An order of the Honorable Court enforcing and securing the enforcement of the fundamental human rights of the Claimant/Plaintiff herein in accordance with Chapter 5 of the 1992 constitutio