MADAM GLADYS OWUSU COFIE v. THE HEAD OF FAMILY GILBERT JOHNSON FAMILY & ANOTHER
March 31, 2022
COURT OF APPEAL
GHANA
CORAM
- DZAMEFE, J.A (Presiding)
- DODOO, J.A.
- BARTELS-KODWO, J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
March 31, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In the Ghana Court of Appeal, Justice Janapare A. Bartels-Kodwo authored a judgment allowing an appeal by the Gilbert Johnson family (Defendant/Appellant) against a High Court’s refusal to set aside a default judgment. The underlying land dispute stems from a 1975 deed executed by John Benjamin Johnson as Head of Family for land purchased by Victoria Netteley Allotey, with subsequent registration by her children. The Respondent later sued the family’s Head of Family and the Chief Land Registrar seeking declarations of title, fraud against a prior Court of Appeal judgment, an alternative reversionary interest, and an injunction. The appellate court scrutinized service of process, finding the Head of Family had died in 2011, the bailiff’s identification was unreliable, and personal service required by C.I. 47 was not effected. Concluding that non-service breached natural justice and deprived the High Court of jurisdiction, the Court of Appeal set aside the High Court’s interlocutory and final judgments and any execution.
BARTELS-KODWO, J.A:
This is an Appeal filed by the Defendant/Appellant, hereinafter referred to as the Appellant against the ruling of the High Court delivered on 26th June, 2018 refusing to set aside a default judgment.
The subject matter of the suit has a little history. It is the case that the Respondent’s late mother Victoria Netteley Allotey purchased the land from one Gilbert Johnson. He passed on and his successor, John Benjamin Johnson, his eldest son as Head of Family executed a Deed in 1975 in respect of the purchase. The children of Victoria Allotey, including the Respondent registered the land and obtained a Land Title Certificate. They then sued one Ansong Wordie who had trespassed on the land claiming to have obtained a lease from the same Johnson Family. The Respondents took an action against them and won in the High Court. Ansong Wordie appealed against that judgment but by then their lease of over 30 years had expired so they vacated the land. The Court of Appeal was unaware of this ruled in their favour on the basis of the principle of Limitation that Ansong Wodie had been on the land for over 12 years before Plaintiff/Respondent took the action.
The Respondent later sued the Head of Family Gilbert Johnson Family as the first defendant and then the Chief Land Registrar as the second Defendant for the following reliefs;
1. Declaration of title to all that piece or parcel of land described in the schedule to the statement of claim.
2. Declaration that the judgment of the Court of Appeal in Suit No. H1/194/2009 dated 3rd March 2010 was procured by fraud.
3. Declaration that in the alternative the plaintiffs are entitled to a Reversionary interest in the land.
4. Perpetual injunction to restrain the 1st Defendant from interfering with Plaintiff’s quiet enjoyment.
The record shows that no one appeared for the defendant family to contest the suit, after the grant of default judgment and the ‘purported’ taking of evidence in proof of Plaintiff’s case, the court then entered Interlocutory judgment following which on 20th June, 2014 it gave its final judgement in Plaintiff’s favour for all her reliefs.(Judgment at pages 45-51 ROA) One Mrs. Gladys Ansaba Annan then brought a motion (see ROA page 40) to set aside this judgment which the court differently constituted refused to set aside. It is against this refusal that the appeal is launched.
The Grounds of Appeal are that:
1. The ruling/judgment is against the weight of evidence
2.