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KWAKU ADJEI v. GOLDEN AGE COMPANY & ERIC KWASI YEBOAH

2021

COURT OF APPEAL

GHANA

CORAM

  • A. M. DOMAKYAAREH (MRS) J. A. PRESIDING
  • A. B. POKU-ACHEAMPONG, J. A.
  • S. K. A. ASIEDU, J. A

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

Sitting as the Court of Appeal, Justice A. B. Poku-Acheampong authored a unanimous judgment allowing an appeal from the High Court, Sunyani’s ruling of 18 January 2018, which had summarily struck out an action as unmeritorious and an abuse of process. The underlying suit sought to nullify an earlier 17 July 2014 High Court judgment in Golden Age Company Ltd v Nana Obiri Boahen and others for alleged fraud and procedural irregularities, and to declare the appellant a bona fide purchaser and owner of plots 27A–27C in Sunyani. The respondents entered conditional appearance and moved to strike out, relying effectively on res judicata and procedural grounds. Drawing on Supreme Court authorities including Ex parte Aryeetey and SIC Insurance, the Court of Appeal held that conditional appearance is limited to objections to issuance, service, or jurisdiction; res judicata requires evidence and cannot justify summary termination at that stage. Summary striking out under Order 11 rule 18 must be reserved for plain and obvious cases and assessed only from the pleadings. As the respondent had not even filed a defence, the High Court erred. The appeal was allowed, the matter remitted to a differently constituted High Court, and the defendant directed to file a statement of defence.

JUDGMENT