NII ODOI FREMPONG v. BOYE CHARWAY & OTHERS
2012
COURT OF APPEAL
GHANA
CORAM
- M. OWUSU, J.A. (PRESIDING)
- F. KORBIEH, J.A.
- S. DZAMEFE, J.A
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Contract Law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal (per Mariama Owusu JA, presiding, with Francis Korbieh JA and Senyo Dzamefe JA concurring) dismissed an appeal from a High Court judgment that had granted possession, injunction, damages, and costs to the Head of Frempong We of Kowe, La, over land at Ayi Mensah. Appellants argued the trial judge erred in stating no address was filed and in failing to consider their written address, and that the decision was against the weight of evidence. The Court held addresses under Order 36 r.4 are not mandatory and Order 81 prevents non-compliance from nullifying proceedings; any failure to consider the address did not cause a miscarriage of justice. On the merits, the Court tested conflicting traditional history by recent acts, emphasizing appellants’ tribute payments (corn and money) during Homowo to the head of Frempong We, evidencing family ownership and permissive occupation. It affirmed the validity of Exhibit B and rejected objections based on illiteracy or lack of elders’ consent. The appeal was dismissed and the High Court’s orders upheld.
MARIAMA OWUSU, J.A.:
This is an appeal against the judgment of the High Court, Accra dated 30-7-2009, upholding plaintiff’s claim. The court held among other things as follows:
“1. I will therefore accept the plaintiff’s claim and enter judgment for the plaintiff. It is Ordered that Exhibit A, the written agreement is valid and so the defendants have no interest in the land in dispute.
2. The plaintiff shall take possession of the land.
3. The defendants are restrained from dealing with land in any manner.
4. I award GH¢2,000.00 as general damages against the defendants jointly and severally.
5. I award cost of GH¢1,500.00 against the defendants jointly and severally.”
Dissatisfied with the decision of the High Court, the defendants appealed to this court on the following grounds:
i. His Lordship the Judge erred in deciding that counsel for the defendants did not file an address when in fact an address was filed by counsel for and on behalf of the defendants on 29-4-2009.
ii. His Lordship the Judge erred in judging the matter without reference to the address filed on 29-4-2009 by counsel for the defendants.
iii. The judgment is against the weight of the evidence.
iv. Costs awarded cannot be justified in the circumstances of this suit.
The reliefs sought from this court are:
1. An Order setting aside the judgment and costs awarded.
2. An Order of the court entering judgment for the appellants.
Before dealing with arguments canvassed in support and against this appeal, I will give a brief background of this case. The plaintiff in this case claims against the defendants jointly and severally the following reliefs:
“1. Order of possession of ALL THAT parcel of land situate at AYI MENSAH in Ga District of Greater Accra Region of the Republic of Ghana, containing an approximate Area of 21.89 acres and bounded on the North-West by Lessor’s land measuring 242.8 feet more or less on the North-East by Lessor’s land measuring 2442.6 feet more or less on the East by Accra-Aburi road measuring 608.9 feet more or less on the South-West by Lessor’s land measuring 2923.6 feet more or less thus enclosing an appropriate Area of 21.89 Acres, more or less, site (B) containing an appropriate Area of 7.87 Acres and bounded on the North-West by Accra-Aburi road measuring 657.1 feet more or less on the North-East by Lessor’s land measuring 1181.0 feet more or less on the South-West by 741.0 feet more or less thus enclosing a total Area of 29.76 Acres by some