O’SVAN BOYE LIMITED v. DAVID KOJO ANAGBO & LANDS COMMISSION
2024
CORAM
- OWUSU J.S.C., (PRESIDING), LOVELACE-JOHNSON J.S.C., PROF. MENSAH BONSU J.S.C., GAEWU J.S.C., KWOFIE J.S.C
Areas of Law
- Civil Procedure
- Evidence Law
- Corporate Law
2024
CORAM
AI Generated Summary
The Supreme Court was asked to resolve whether the plaintiff company, O'Svan Boye Limited, had the legal capacity to institute an action concerning land ownership. The High Court originally dismissed the case due to lack of capacity, but the Court of Appeal reversed this decision. The Supreme Court's majority opinion upheld the Court of Appeal’s judgment, finding that the admissions in the pleadings sufficed to establish the plaintiff's capacity. The dissenting opinion argued that proper evidence of capacity was essential and was not satisfactorily provided, thereby supporting the High Court's dismissal.
MAJORITY OPINION
KWOFIE JSC:
My Lords, this appeal raises the issue of what is the effect of pleadings of parties filed in the case and to what extent should the parties be allowed or permitted to change their case as set out in their pleadings in the course of the trial.
This is an appeal against the judgment of the Court of Appeal, Accra delivered on 28th April, 2022 by which the Court set aside the judgment of the High Court, Accra delivered on 14th March 2018.
Dissatisfied with the decision of the Court of Appeal, the defendant/appellant (hereinafter referred to as the defendant) filed a Notice of Appeal to this apex Court dated 12th May 2022. Pursuant to leave granted by this honourable court on 17th January 2024, the defendant filed an amended notice of appeal on 26th January 2024 on the following grounds:
i) The Court of Appeal erred when it failed to hold that the High Court was entitled to address the issue of capacity in so far as it emerged from the evidence and that the issue of capacity need not have emerged only from the pleadings before the High Court could address it.
ii) The Court of Appeal erred when it failed to hold that the issue of the plaintiff/appellant/respondent’s capacity had become an issue falling for determination as a result of the evidence led at the trial.
iii) The Court of Appeal erred when it failed to hold that the plaintiff/appellant/respondent failed to discharge the burden on it when its capacity to institute the action was challenged by the 1st defendant/respondent/appellant
iv) The Court of Appeal erred when it failed to hold that the High Court was wrong in rejecting as inadmissible the search report from the Registrar General’s Department tendered in evidence by the defendant/respondent/appellant as proof of the plaintiff/appellant/respondent’s capacity.
v) The Court of Appeal erred when it ignored the evidence on record showing that the plaintiff/appellant/respondent’s failure to lead credible evidence as to the plaintiff’s capacity when it was challenged by the 1st defendant’s counsel under cross-examination
vi) That the judgment of the Court of Appeal is against the weight of evidence.
Before proceedings further, we deem it necessary to set out the background to this case. By a Writ of Summons filed at the High Court, Land Division, Accra on the 26th November 2016, the plaintiff company O’Svan Boye Limited claimed against the defendants therein amongst other reliefs:
a) A declaration of title to all