Multiways Supplies Limited v. The Registered Trustees of St. Maroun’s Mission Church
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWABENA ASUMAN-ADU
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
In this case, plaintiffs sought several remedies concerning land ownership in Osu, Accra, but failed to respond to the defendant's counterclaims. Despite multiple notices, plaintiffs did not attend the hearings. The court proceeded without them, ultimately ruling in favor of the defendant. Legal principles highlighted include that liability cannot be imposed without fair notice, judgments procured without service of hearing notice are void, and failure to appear or contest claims after being served is deemed as admission of the opponent's evidence.
Plaintiffs commenced the instant action by issuing writ of summons andstatement of claim against the defendant on 12th MAY, 2015 claiming asfollows: a. An order of perpetual injunction restraining defendant, either by itself or through its assigns, privies, agents and any other party through whom it may claim from trespassing, dealing and interfering with the land the subject matter of this suit and plaintiffs’ quiet enjoyment of the land generally.
b. An order for recovery of possession of ALL THAT piece or parcel of land lying and situate at Parcel No. 1 Block 6, Section 24, Osu Accra, subject matter of this suit.
c. Declaration of title in favour of plaintiffs.
d. Damages for trespass in favour of plaintiffs.
e. Any other orders that the Honourable Court deems meet.
The defendant entered appearance on 16th November, 2015 and wenton to file its statement of defence and counterclaim on 23rd February, 2016 denying plaintiffs’ claim and counterclaiming as follows: a. Declaration of title to ALL THAT PIECE OR PARCEL of land described as Parcel No. 1, Block 6, Section 24 situate at Osu as delineated on Registry Map No. 03/24/88 measuring an approximate area of 0. 88/Acres.
b. Recovery of possession of any portion of defendant’s land occupied by the 1st plaintiff.
c. An order for the demolition of all unauthorized structures on defendant’s lands.
d. Perpetual injunction restraining the plaintiffs, their agents, assigns, privies and all those who claim through them from having anything to do with defendant’s land.
By the record the said statement of defence and counterclaim wasserved on the plaintiffs through their solicitor on 26th February, 2016but no reply to the defence as well as defence to the counterclaim wasfiled by the plaintiffs.
The defendant, therefore, filed motion on noticefor judgment in default of defence to counterclaim which was served onthe plaintiffs through their lawyer on 18th April, 2016. In spite of beingserved with the motion the plaintiffs neither filed affidavit in oppositionnor a defence to the counterclaim.
However, when the motion came onfor hearing on 21st April, 2016, the court observed that the plaintiffshad been short served with the motion so case was adjoined to 6th May, 2016 for the motion to be moved and hearing notice ordered to beserved on the plaintiffs.
The plaintiffs were accordingly served with the hearing notice on 29thApril, 2016 through their lawyer but neither did they and their lawyercome to court nor