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
2021
COURT OF APPEAL
GHANA
CORAM
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.
J U D G M E N T
POKU-ACHEAMPONG, J.A.:
This appeal is against a ruling of the High Court, Sunyani dated 18th January 2018.
The grounds of appeal in the Notice of Appeal filed on 6/2/18 are as follows:
a. The Learned Trial Judge did not exercise his discretion judicially.
b. The ruling of the court was against the weight of affidavit evidence.
c. Having raised the issue of fraud, the Trial Judge was wrong in Law when he determined the suit summarily.
d. The Learned Trial Judge failed to consider adequately the issue or matter before the Honourable Court.
e. The ruling was tainted with procedural irregularities which said irregularities have resulted in substantial miscarriage of justice as same goes to the root of the case /suit.
f. The Learned Trial Judge’s vision of the whole case was totally blurred and no wonder therefore he arrived at a wrong conclusion.
g. Additional grounds of appeal shall be filed upon the receipt of the certified true copy of the ruling.
Facts/background
The Plaintiff/Appellant instituted an action against the Defendants/ Respondents for the following reliefs:
a. Declaration that the judgment of the High Court dated 17th July 2014 presided over by H/L Justice A. Osei Tutu in the civil suit titled: Golden Age Company Ltd of Plot No 27A, Sector 4 South, Sunyani vrs 1. Nana Obiri Boahen 2.Kofi Afranie 3. Gado Musa. 4. Boris. 5. Kwaku Agyei, Suit No. C1/90/2013 was obtained by recourse to fraud dishonesty, procedural irregularities, breach of the natural justice rule etc. which said irregularities, fraud etc. have resulted in substantial miscarriage of justice to the Plaintiff.
b. An order of the Honourable Court, declaring as null and void and of no legal effect the judgment of the High Court referred to in relief “a” supra and all the consequential orders made thereof.
c. Declaration that the Defendants carried out fraud on a large scale on the Plaintiff when prosecuting the civil suit referred to in relief (a) supra.
d. Declaration that, the Plaintiff is the bonafide purchaser for value in respect of Plot Nos. 27A-27C, Sector 4, New Town South, Sunyani.
e. Declaration that, the Plaintiff is the owner of building plots numbered 27A- 27C, Sector 4 South New Town Sunyani.
f. An order of perpetual injunction.
g. Further orders.
The Defendants/Respondents entered conditional appearance on 6/07/17.
For ease of reference the Plaintiff/Appellant shall hereinafter be referred to as the Appellant and the Defendants/Respon