MARGARET DUNCAN-WILLIAMS & THERESA ABAKAH v. EDWARD DUNCAN-WILLIAMS
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved a series of procedural battles following a July 27, 2012 judgment awarding property-related reliefs to the plaintiffs. On November 18, 2013, an order for a writ of possession was granted, which the defendant has repeatedly tried to set aside. In the most recent application filed on September 24, 2018, the defendant argued procedural improprieties and compliance with the court's previous orders. The court dismissed this application, citing its procedural incompetence, the necessity of adherence to procedural rules, and the principle of finality in judicial proceedings.
RULING
i. Background:
[1] On July 27, 2012 this Court presided over by His Lordship, Mr. Justice E.F. Dzakpasu granted the Plaintiffs/Respondents claim for reliefs endorsed on their Writ as:
i. Declaration that Defendant fraudulently made 2nd Plaintiff to sign papers transferring the land on which the Defendant built House No. 42, Mensah Wood Road, East Legon, Accra into his name;
ii. An order that Defendant complies with the agreement between the parties by replacing 2nd Plaintiff’s land with another land at East Legon together with a fence Wall and foundation for two three-bedroom houses, or in the alternative an order declaring 2nd Plaintiff the owner of House Number 42, Mensah Wood Road, East Legon, Accra;
iii. Recovery of £15,000 or its Cedi equivalent being the balance of £32,000 1st Plaintiff gave to Defendant.
[2] On the 18th day of November 2013, further to an application filed by the Plaintiffs/Judgment Creditors as per the title of the motion paper, the Court once again presided over by his Lordship E.F. Dzakpasu granted “Order for Leave to issue a Writ of Possession” in the following terms;
“UPON READING the Affidavit of MARGARET DUNCAN-WILLIAMS of Ofankor, Accra, the 1st Plaintiff/Applicant herein, filed on the 8th day of November, 2013, in support of Motion Ex Parte for an Order for Leave to issue a Writ of Possession;
AND UPON HEARING JOE ATIIPOE, ESQ., Counsel for and on behalf of the Plaintiffs/Applicants herein;
IT IS HEREBY ORDERED that leave be and is hereby granted to the Plaintiffs/Applicants herein to issue Writ of Possession for the recovery of House No. 42, Mensah Wood, East Legon, Accra”.
[3] I note that since the judgment was given, the Defendant has been trying to have it set aside using various methods and procedures under the rules of Court. As reflected in the exhibits attached to the instant application, this Court as presently constituted on May 18, 2018 ruled on one of such applications against the Defendant. Further to the Court’s ruling in May 2018, the Defendant has averred that he issued a writ of summons together with the 2nd Plaintiff herein at the Land Division of the High Court on June 19, 2018. A copy of the Writ of Summons is attached as Exhibit “TAF”. The Plaintiffs are: EDWARD DUNCAN-WILLIAMS & THERESA ABAKAH VERSUS MARGARET DUNCAN-WILLIAMS as Defendant. The reliefs endorsed on the Writ of Summons are as follows:
“a) A declaration that House No. 42, Mensah Wood Road, East Legon, Accra has been