OFFEI KOFI v. VICTORIA NORMAN

ANGELINA MENSAH-HOMIAH, JA

This appeal is taken against the ruling of the High Court, Koforidua in respect of a motion on notice for an order dismissing the appeal for non-compliance with an order of the High Court which directed the Appellants to file written submissions/statement within a specified time. By her ruling dated 24th April, 2017, the learned High Court Judge dismissed the appeal against the judgment of the District Court, Mampong, for non-compliance. The names of the 2nd Plaintiff/Respondent and the 2nd Defendant/Appellant who are deceased, were struck out by this court (differently constituted) on 30th May, 2019. Therefore, in this appeal, the Plaintiff/Respondent shall be referred to as the Respondent and the Defendant/Appellant shall be referred to as the Appellant.

BACKGROUND

The Respondent caused a writ of summons to be issued from the Registry of the District Court, Mampong against the Defendant, Ofei Kofi, on 27th October, 2000. The particulars of claim stated on the writ are as follows:

1. Declaration of title to a piece of land situate at Akropong-Akuapem at a place commonly called Apopotia and bounded on one side by the property of Anima and brothers and sisters, on one side by a road, on one side by the property of Kwasi Awuku and brokers and sisters and on one side by the property of Agyare.

2. General Damages for trespass

3. Perpetual injunction against the Defendant, her agents etc. from dealing with the land in any way until the suit is determined.

One Nana Aboasehene applied to be joined to the suit as a co-defendant. The Defendant and Co-Defendant (Defendants) proceeded to file a statement of Defence and Counterclaimed against the Plaintiffs for declaration of title, recovery of possession, specific and general damages as well as Perpetual injunction.

Over a decade after the issuance of the writ of summons, the 5th Judge who sat on the case adopted the proceedings and delivered judgment on 20th March, 2014. By the preponderance of the evidence before her, the trial judge found that the Defendants case was deficient to entitle them to their counterclaim. She proceeded to enter Judgment in favour of the Plaintiffs for the reliefs endorsed on their writ as found at page 90 of the Record of Appeal (ROA).

Dissatisfied with the decision of the District Court, the Defendants lodged an appeal by filing a notice of appeal at the High Court, Koforidua, on 19th June, 2014. At the hearing of the Appeal, the Respondents raised