PETER COBBINAH vs ABOSSO GOLDFIELDS GHANA LIMITED & ANOTHER

On 22nd August, 2016, the Plaintiff/Respondent (hereafter called the Respondent) issued his Amended Writ of Summons (with an accompanying Amended Statement of Claim) seeking the following reliefs against two (2) named Defendants:

a) “A declaration of title to and recovery of possession of the land area measuring 1182.09 acres (478.38 hectares), known and called Gyedewuo bounded on the north and north-west by the Ben West Forest Reserve, in the East by Subri Stool land in the South by one Papa Kweku Tani’s land and in the West by one George Arhin’s (of the Asona Clan) land.

b) A declaration, inter alia that the 2nd Defendant and whoever claims through the Damang Stool are bound by the 13th December 1989 judgment of the Appeal Court.

c) A declaration that 1st Defendant paid 2nd Defendant negligently without due care.

d) Order for the payment of GH¢800,000.00 as compensation for crops and land deprivation for the 160 acres of the Gyedewuo lands as follows:

i. Crop Compensation - GH¢500,000.00

ii. Deprivation of Land use - GH¢300,000.00

e) Interest on the above sum at the prevailing Bank Rate from January 2011 till date of payment.

f) An order for perpetual injunction to restrain the 1st and 2nd Defendants, their servants, agents as well as workmen or labourers from interfering, entering into, dumping waste or having anything to do with the land, the subject matter before this Court until final determination of the suit.

g) Damages for trespass

h) Costs

i) Any other relief the Court may deem necessary.”

The 1st Defendant/Applicant (hereafter called the Applicant) filed the instant motion on notice to dismiss the suit for want of jurisdiction and for disclosing no reasonable cause of action pursuant to Order 11 rule 18(1)(a) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) and the Inherent Jurisdiction of this Honourable Court.

Order 11 rule 18(1)(a) of C.I. 47 provides:

“18. (1) The Court may at any stage of the proceedings order any pleading or anything in any pleading to be struck out on the grounds that

(a) it discloses no reasonable cause of action or defence;

… and may order the action to be stayed or dismissed or judgment to be entered accordingly.”

In an affidavit in support of the application deposed to and filed on 20th October, 2022 by Paul Mensah (of House No. 6 Airport Road, Airport Residential Area, Accra) who is a Senior Paralegal of Counsel engaged by the 1st Defendant, the deponent asseverates at paragraphs 49 to 53 of