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POKU AND ANOTHER v. KWAO AND ANOTHER

1990

SUPREME COURT

GHANA

CORAM

  • ADADA
  • TAYLOR
  • FRANCOIS, WUAKU
  • AMUA-SEKYI JJ.S.C

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

Yaw Omenako and Yaw Yehowa, for Kwahu farmers, initiated an originating summons seeking interpleader relief against Theophilus Kojo and Komesor regarding a224,000 alleged to be the balance of a purchase price for Meyewa lands. Kojo and Komesor denied any claim to the money, asserting the Krobo sellers repudiated the sale and that a25,000 paid was litigation costs. The High Court ordered pleadings and tried the case as if commenced by writ, declaring that the Meyewa lands had been purchased by the Kwahu farmers and directing the a224,000 to the Krobos. The Court of Appeal dismissed the defendants� appeal and affirmed, relying on English practice via Order 74. On further appeal, the Supreme Court unanimously allowed the appeal, held that originating summons was inappropriate for a fact-intensive land dispute and not a true interpleader, set aside the lower courts� decisions, and directed that the parties could institute a fresh writ action if they wished.

JUDGMENT