JULIANA AYIM DONKOR v. ADE COKER & OTHERS

J U D G M E N T

HENRY A. KWOFIE JA:

This present interlocutory appeal has been launched by the defendants/appellants against the ruling of the High Court Accra (Land Division) dated the 31st of July, 2015. The trial judge in that ruling set aside an earlier ruling of the court which had ordered the Regional Surveyor to prepare a composite plan.

Dissatisfied with the said ruling the defendants/appellants launched the instant interlocutory appeal on the 19th August 2015 on the following grounds:

a) The learned trial judge erred in law when he refused to allow the defendants to call an expert witness in the person of a licensed surveyor to tender a composite plan made at the instance of the defendants and also to give evidence on the same composite plan.

b) The learned trial judge erred in law in refusing to ensure that a composite plan was drawn up by the survey Department in accordance with the directions of the High Court dated 12th April 2007.

c) The learned judge erred in law in striking out the order of His Lordship Justice James Benson dated 19th (sic) regarding the need for a composite plan to be drawn up in order to help court make a full and effective determination of the issues before it.

d) Additional grounds to be filed upon receipt of the entire record of proceedings.

It is noted for the record that no additional ground of appeal was filed by the defendants/appellants. The reliefs sought from the Court of Appeal are:

a) An order of the Court reversing the decision of His Lordship Justice Kwabena Asuman Adu

b) Any further order or orders as this honourable Court would deem fit in the circumstance.

Before dealing with the arguments advanced in support and against the interlocutory appeal, I will give a brief background of the case.

By a Writ of Summons filed on the 30th of November 2005, the plaintiffs/respondents claimed against the defendants/appellants the following reliefs:

i) A declaration of title to all that piece or parcel of land situate lying and being at Achimota Accra containing an approximate area of 0.81 of an acre or 0.33 of a hectare More or less and bounded on the North –East by assignor’s land measuring 245 feet more or less on the South-West by a proposed road measuring 275 feet more or less on the North-West by the assignor’s land measuring 180 feet more or less and on the South-East by a proposed road measuring 90 feet more or less and is more particularly delineated on the plan attached hereto and shown therein e