REGINA JOHNSON @ REGINA TORSHIE JOHNSON VS ASIKU @ IBRAHIM ASIKU QUAYE & ANOR
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE PATRICK BAAYEH (J),
Areas of Law
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sued the Defendants for various reliefs, and the trial Magistrate ruled in favor of the Plaintiff on all claims. The Defendants filed a Notice of Appeal, arguing the ruling was a wrong use of direction. However, the Defendants failed to provide clear grounds of appeal, leading to a dismissal. The case analysis emphasized the importance of clearly stated grounds of appeal, the duty of the Appellate Court to review the entire record, and the necessity to specifically plead allegations of fraud in a fresh action.
This is an appeal from the judgement of Her Worship MERCY A. KORTEI (as she then was) sitting at the Kaneshie District Court in a judgement dated 14th June, 2011. The facts giving rise to this appeal are that, the Plaintiff/Respondent (now referred to as Plaintiff) issued a Writ of Summons against the Defendants (now referred to as Defendants) on 28th February, 2008 for several reliefs endorsed therein.
These are; (A) Against the 1st Defendant, his children, assigns and agents/servants; (i) Recovery of rent arrears of ¢4, 100, 000 (now ¢410) being rent arrears from September 2004 to January 2008.
ii) Interest thereon at the prevailing bank rate.
iii) Mesne profit(iv) Eviction and recovery of the premises.
B) Against the 2nd Defendant; (i) Injunction restraining the 2nd defendant from continuing with the construction works he has started on Plaintiff’s land.
ii) Perpetual Injunction against the 2nd Defendant, his servants, agents and assigns from dealing with the Plaintiff’s land in anyway whatsoever.
iii) An order to demolish the said construction.
iv) Damages for trespass.
At the end of the trial, the learned Magistrate gave judgment for the Plaintiff on all her claims and awarded ¢600. 00 for the Plaintiff against 2nd Defendant as General Damages.
The Judgment of the trial court is found on pages 59 to 71 of the Record of Appeal.
On 15th July, 2011 the Defendants filed a Notice of Appeal.
Subsequent to the appeal, the 1st Defendant passed on to eternity leaving only the 2nd defendant as the sole Appellant.
It appears soon after the judgment and the filing of the Notice of the Appeal, parties went to bed until sometime in 2022 when the Plaintiff sought to execute the judgment.
The record of proceedings show that the Defendant(s) filed two grounds of appeal that; (a) The Ruling was a wrong use of direction.
b) Further grounds of appeal will be filled.
However, there is nothing on record to show that the Defendant(s) filed further or additional grounds of appeal.
In arguing the appeal, Counsel for the Defendant(s)completely abandoned his sole ground of appeal and rather submitted that the judgment was procured by fraud and therefore ought to be set aside.
Further that the learned Magistrate did not attach the proper weight to the evidence of the Defendants.
As I have indicated above, the Defendant(s) did not file any or further grounds of appeal for determination therefore the only ground of appeal is that “the Ruling was a wrong use of di