KOJO ASMAH JNR. H/NO. A835/17 DANSOMAN, ACCRA vs ADJEI KWATENG NEW APLAKU ACCRA

On the endorsement of the Writ of Summons dated 11th August 2014, the Plaintiff claimed against the Defendant for:

a. Declaration of title to ALL THAT PIECE OR PARCEL OF LAND situate lying and being at APLAKU, Accra in the Greater Accra Region and covering an approximate area of 2. 88 Acre more or less and bounded on the North by a proposed road measuring 630 feet more or less on the North East by a proposed road measuring 50 feet more or less on the East by a proposed road measuring 130 feet more or less on the South West by a proposed road measuring 50 feet more or less on the West by a proposed road measuring 200 feet more or less and on the North West by a proposed road measuring 50 feet more or less.

b. Recovery of possession of portions of Plaintiff’s land occupied by the Defendant.

c. General Damages for trespass.

d. Perpetual Injunction restraining the Defendant, his agents, servants, privies, assigns and all those who claim through the Defendant from entering upon, building or interfering with the quiet enjoyment of the said Plaintiff’s land.

The writ and the entire processes were served on the Defendant by substituted service.

On 7th April 2017, this Court differently constituted entered interlocutory judgment in default of appearance and Defence for the Plaintiff.

I noticed that the Plaintiff proceeded on the assumption that his claim was entirely granted.

I say so upon the Entry of Judgment filed by his solicitor on 2nd June 2017. After indicating that the judgment was an interlocutory one, he ended as follows:

“IT IS HEREBY ADJUDGED AND ENTERED that the Plaintiff is entitled to all his claims”. This appears quite misleading.

It is common knowledge that in declaratory reliefs, the claim of the Plaintiff can only be granted after evidence has been taken.

The law is that a court cannot grant a declaratory relief in the absence of evidence given under oath.

Acquaye J. A. in the case of Hydraform Estates v. Moi Ashong [2012] 49 G. M. J. 144 at p. 161, C. A. held: “The law is that in an action for declaration of title when there is a default of appearance the plaintiff can obtain an interlocutory judgment in default of appearance, enter the witness box and give evidence of his title before he can obtain final judgment for declaration of title. ” See the case of Rev. Rocher degraft Sefa & Others v. Bank of Ghana, Civil Appeal No. J4/51/2015, SC (Unreported), per Gbadegbe JSC and Republic v. High Court, Ex parte Osafo [2011] 2 SCGLR 96