OSEI ANSONG & ANOTHER v. GHANA AIRPORTS COMPANY LTD
2013
SUPREME COURT
GHANA
CORAM
- ATUGUBA, JSC [PRESIDING]
- ADINYIRA (MRS), JSC
- OWUSU, (MS) JSC
- DOTSE, JSC
- BAFFOE BONNIE, JSC
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Tort Law
2013
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Mr. Osei Ansong and Passion International School appealed to the Supreme Court after the Court of Appeal overturned a High Court's dismissal of Ghana Airports Ltd's application to set aside a writ alleging trespass. Initially, the Plaintiffs admitted the land was not theirs and sought time to relocate. They later claimed the earlier judgment was based on fraud. The High Court allowed their case, but the Court of Appeal disagreed, stating the allegations did not sufficiently prove fraud. The Supreme Court affirmed this view, noting the lack of detailed and new allegations to substantiate the fraud claims. Hence, the Supreme Court dismissed the appeal, categorizing it as an abuse of the court process.
SOPHIA ADINYIRA (Mrs.) JSC:
I start this judgment with a prefix“The judicial edifice was not construed to lend ear to every cry of fraud from suitors who had lost on the merits.” (Per Francois JSC in Dzotepe v. Hahormene [1987-88] 2 GLR 681 at 701) This is an appeal by Mr. Osei Ansong and Passion International School, the Plaintiffs/Respondents/Appellant (hereafter Plaintiffs) from the judgment of the Court of Appeal dated 28 October 2011 which allowed an appeal by the Ghana Airports Ltd, the Defendant/Appellant/Respondent (hereafter Defendant) against the ruling of the High Court, Kumasi dated 12 November 2010 presided over by Adzagli J. In that decision Adzagli J dismissed an application brought by the Defendant to set aside a writ issued by the Plaintiffs on the ground of abuse of court process.
Background
The Defendant in an earlier writ Suit No IRL/51/2010 dated 22 September 2010 before the High Court Kumasi claimed against the Plaintiffs the following reliefs:
a) a declaration that the defendant’s conduct in constructing on the Dote end of the runway of the Kumasi Airport on land which is a part of the said Airport is trespassory, unlawful contrary to public good and the interest of the Plaintiff which is under the legal duty to ensure safety of the Kumasi Airport and its environs.
b) A declaration that the intended expansion of the said Passion International School is also trespassory and inhibitive of the intended extension of the Kumasi Airport.
c) An order of cancellation of any document or transaction purporting to in any manner granting title to or vesting part of the Kumasi Airport land to the defendant as any such document will be fraudulent and null and void ab initio
d) An order of perpetual injunction restraining the defendants its agents, representatives, assigns, officials, privies and persons or entities acting on its behalf and /or at its direction from in any way continuing the patent illegality
e) Recovery of possession of the portion of the said Kumasi Airport upon which the defendants have trespassed and develop in spite of warnings and entreating by the plaintiff.
f) General special exemplary and punitive damages for the defendant’s fraudulent and wrongful conduct.
g) Such further orders as the honourable court may deem fit.
In that suit, the Plaintiffs herein admitted per their pleadings that the land, the subject matter of the dispute was the property of the Defendant herein and asked for time to relocate the school