REV. HANSON METTLE & ANOTHER vs TRESPASSERS OCCUPIER & ANOTHER
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE NICHOLAS M. C. ABODAKPI J.
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Tort Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Nicholas M. C. Abodakpi of the High Court addressed a civil land and trespass dispute brought by a plaintiff seeking declaration of title, recovery of possession, demolition, injunction, and general damages. The court confirmed that an earlier order for substituted service had been executed via posting, as evidenced by an affidavit dated 29/11/2018. With the time prescribed by the Rules of Court having expired and no Notice of Appearance filed by the defendants, the court treated the matter as a default. It entered interlocutory judgment in favor of the plaintiff on the title, demolition, injunction, and damages claims, and entered judgment for recovery of possession. The court cited CONCAS Engineering Service v. Moses [1984–86] GLR, directed the plaintiff to file witness statements within 14 days, ordered continued substituted service of hearing notices and processes under its inherent jurisdiction, and adjourned for a case management conference.
1. I have examined the writ and the endorsements on it.
There is the claim for title, recovery of possession, order for demotion and general damages for trespass.
The writ has been served by way of substituted service.
The order of substituted service was granted by this Court, and it has been carried out as shown by the affidavit of posting.
The posting was done on 29/11/2018. Since then, the period limited by the rules of Court for a defendant who has been duly served has lapsed.
I am satisfied that Defendants have been served, and they have failed or neglected to file a Notice of Appearance.
2. Accordingly, I enter interlocutory judgment in favour of Plaintiff for Relief 1- declaration of title, Relief ‘C’ an Order for demolition, Relief‘D’ order of injunction and general damages for tress pass.
In respect of Relief ‘B’ recovery of possession, I enter judgment in Plaintiff’s favour and against the Defendants.
The case of CONCAS ENGINEERING SERVICE VS MOSES [1984 -86] GLR refers.
3. Evidence shall be heard in proof of title.
I direct Plaintiff to file witness statements within 14 days. 4. Hearing Notice and this judgment shall be served on Defendants for case management conference to be conducted.
5. Upon an oral application for Order of substituted service, has been made, this Court exercising its inherent jurisdiction, holds that it is appropriate to grant an order of substituted service.
The Defendants shall be served by posting notice and the processes as has been done previously.
6. This case is adjourned to 12/03/2019 for case management conference. (SGD. ) H/L NICHOLAS M. C. ABODAKPI JUSTICE OF THE HIGH COURT