NII OKWEI DOWUONA v. vs UTC ESTATES GHANA LTD & ORS

Baffour J.A:

INTRODUCTION

One of the often-resorted provisions in the High Court (Civil Procedure) Rules, 2004, C. I 47 is Order 11 rule 18 in an attempt by parties to end trials that would have taken years to complete. Where any of the sub rules under Order 11 rule 18 mandates and admits of such an application on the facts of a given case, a court would be justified in dismissing a suit or a counter claim but where the power is exercised not in accordance within the perimeters spelt out, any dismissal of an action based on that rule would be set aside by an appellate court.

FACTS

Plaintiff/Appellant, in his capacity as the Mantse of Osu, acting for himself and on behalf of his people, by an amended writ filed on the 9th of May, 2017 sought the following reliefs:

a. A declaration that the 20 year and five-month lease dated 28th day of April, 1999 between the 1st and 2nd Defendant is null and void and of no effect.

b. An order setting aside the lease dated the 28th day of April, 1999 between the 1st and 2nd Defendants and cancelling the land certificate No GA 27910 Vol 10 Folio 567 dated 28th day of November, 2008 based on same.

c. An order setting aside the lease dated the 19th day of July, 2013, between the Lands Commission and the 2nd Defendant and the assignment dated the 9th day of October, 2014 and the Land Title Certificate No GA 46755 Vol 10 Folio 657 dated 26th March, 2015 based on same as being fraudulent and void ab initio.

d. Recovery of possession, general damages, perpetual injunction to restrain the Defendants and their agents from entering, developing or interfering with the land and cost.

In an accompanying statement of claim, the Appellant stated that the Osu stool was the owner of large track of lands at Accra, Osu, Dzorwulu, Ridge, Kotobabi, among others. That the stool granted a 2. 28 acres of land being at 45 Independence Avenue, Ridge to Delbanco & Company Ltd of London on 27th January, 1919 who then constructed buildings on the land. To Appellant it only realized in 2016 that the building on the land had been demolished with a new one being put up and its searches at the Lands Commission revealed a twenty-year lease and five months from the 1st Defendant to the 2nd Defendant. And based on the said lease between the 1st and 2nd Defendants, the latter had proceeded to obtain a land certificate No GA 27910. And that 2nd Defendant has also surrendered its interest in the land to the Republic and has obtained a fifty-year lease d