REGINA MINGLE VS ABIGAIL DEI NEEQUAYE
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP NABEELA NAEEMA WAHAB J. (MS.)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a land dispute initially filed by Regina Mingle against Alfred Attah Afla Coffee but later substituted by Enock Mingle. The plaintiff challenged the unlawful land sale by Alfred Afla, obstructing access to their land. Abigail Neequaye was joined later as the second defendant, asserting her claim stemming from Greenwich Consortium limited. The case saw several procedural hurdles, amendments, and delays, particularly following Alfred's alleged passing, leading to a motion to discontinue the case against him in 2024. The court's order was upheld, emphasizing proper legal proof and mandatory statutory provisions in discontinuance and substitution matters. Despite the challenge, the motion to vacate the discontinuance order was dismissed, citing legal and procedural compliance and highlighting no injustice to the deceased defendant's estate.
I. BACKGROUND INITIAL WRIT AND STATEMENT OF CLAIM
1. The instant action was initiated by a Writ and Statement of Claim filed nearly thirteen years ago on 27th June 2011 by Regina Mingle who was subsequently substituted by Enock Mingle.
The suit was first instituted against only one party, Alfred Attah Aflah Coffie, as Defendant.
It was essentially the case of the Plaintiff against Alfred Attah Aflah Coffie that he had re-entered a road serving the Plaintiff’s land and he had purportedly sold the land to a prospective developer whose development is blocking access to the Plaintiff’s land.
By the action, the Plaintiff sought inter alia a declaration that the purported sale by Alfred Attah Aflah Coffie of the subject land, an access road serving the Plaintiff’s house was unlawful and damages for trespass.
JOINDER OF 2ND DEFENDANT TO THE SUIT.
2. On 22nd February 2013 an amended Writ and Statement of Claim was filed by which Abigail Neequaye was joined to the suit as second Defendant.
Alfred Attah Aflah Coffie, by the amended Writ became 1st Defendant to the action and is hereafter referred to also as “1st Defendant” or “former 1st Defendant” as the context may require.
SUMMARY OF THE PLAINTIFF’S CASE 3. After the 2nd Defendant was joined the Suit, the Writ and Statement of Claim were amended on 5th November 2013 and on 15th October 2014. In the further, further amended Statement of Claim filed on 15th October 2014, it was stated that in the year 1999 the Plaintiff purchased two plots of land from the Chief of Gbawe.
It is also stated that the 1st Defendant has committed and admitted to trespassing on the Plaintiff’s land.
It is the further case of the Plaintiff that in or about the year 2010, the 2nd Defendant Abigail Neequaye broke into a structure on the Plaintiff’s land and started laying claim to it.
The Plaintiff stated that although the matter was reported to the police, the Defendants will continue in their unlawful acts unless restrained by the Court.
4. By the amended Writ and Statement of Claim filed on 5th November 2013, the Plaintiff amended the reliefs indorsed on the initial Writ to include a declaration of title to the subject land stated to be approximately 0. 53 acres, situate at North Gbawe and recovery of possession.
SUMMARY OF THE DEFENCE OF THE 1ST DEFENDANT AND HIS COUNTERCLAIM 5. On 28th October 2014, the 1st Defendant, Alfred Attah Aflah Coffie filed an Amended Defence and Counterclaim to the suit.
He denied the Plaintiff’s claims against him and in p