Naana Kittoe v. Donald W. Lewis
2006
COURT OF APPEAL
GHANA
CORAM
- Nana Owusu-Ansah, J.A. (Presiding)
- Dotse, J.A. (Member)
- Apaloo, J.A. (Member)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2006
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (per Dotse JA) allowed an appeal against a High Court order that had sealed and placed custody of a jointly titled house at Papao, West Legon, Accra, with the Chief Registrar, effectively ejecting the Plaintiff from the home. The parties married under the Ordinance in 1999 and acquired the property in their joint names, evidenced by Land Title Certificate No. GA 17166. The Defendant sought interim preservation, claiming sole construction for use as a commercial guesthouse and alleging the Plaintiff was misusing the property by hosting relatives and others. The trial court granted the motion without reasons. On appeal, the court scrutinized the affidavits and pleadings, noting the Defendant’s own admission of the Plaintiff’s interest and an offer to buy her out for US$50,000, undermining his claims. Applying interlocutory standards from Seatec and Armah, it found no risk of irreparable damage, emphasized fair and just discretion, rejected extraneous matrimonial issues, set aside the ruling, restored the Plaintiff’s right to reside, and remitted the case for expeditious trial.
DOTSE, JA - This appeal admits of no complexities whatsoever.
The Plaintiff/Appellant , hereafter referred to as the Plaintiff and the Defendant/Respondent, hereafter referred to as the Defendant who are both resident in the U. S. married under the Ordinance on 21st August, 1999. During the subsistence of the marriage the parties acquired a plot of land in their joint names and built a house on it.
The Plaintiff considering her position as a wife to the Defendant and interest and title to the said property threatened by the conduct of the Defendant initiated action in the High Court, Accra claiming the following reliefs: 1. A declaration that by virtue of a Land Title Certificate No. GA 17166 dated 7th November, 2001 in the joint names of the parties herein, the Plaintiff is a Co-owner of the property situate at Papao, West Legon Accra which property is the subject matter of these proceedings.
2. A further declaration that by virtue of the Plaintiffs said Co-ownership of the property and her direct financial contributions made in the property, she is entitled to have access into and out of the building.
3. An order of Perpetual Injunction restraining the defendant, his agents and assigns from interfering with the Plaintiffs rights and interest in the property.
4. Any other order or orders that the court may deem fit to make.
After series of Interlocutory applications, and just after the Defendant had filed his Defence after setting a default judgment aside, he embarked upon a process which has led to the instant appeal.
This process was the filing by the Defendant on 7-6-2004 of a Motion on Notice for Interim Preservation of Property, pursuant to order 30 rules 5 & 6 of LN 140 A, now repealed.
The thrust of the application was for an order of interim preservation of property, the subject matter of this suit and for the appointment of the Chief Registrar as custodian until the final determination of the suit.
Even though this application was vehemently opposed by the Plaintiff, the High court Accra presided over by Dzakpasu J, in a terse Ruling delivered on 23rd day of July, 2004 stated as follows: -“By Court: - R u l i n g Application granted.
Let the party be preserved as prayed.
The Chief Registrar or his nominee shall be the custodian of the party until otherwise directed. ”By this ruling, it was meant that, the Plaintiff, who before this application resided in the house, the subject matter of dispute could no longer reside in the said hou