Riss Henry Okaikwei v. Nathaniel Azuma Nelson & ANOTHER

The Court of Appeal (Justice Eric Baah authoring, with Justices Margaret Welbourne and Novisi Aryene concurring) dismissed an appeal arising from a High Court judgment in a land dispute over a 0.25‑acre plot at Odorkor Tsuim/A Lang, Accra. The Appellant repeatedly defaulted under the High Court (Civil Procedure) Rules, C.I. 47, leading first to his amended defence and counterclaim being struck out, then later reinstated with stringent case management directions: a witness statement to be filed within seven days and punitive costs of GH¢20,000 payable within seven days, made a condition precedent to filing any process. On appeal, the Appellant abandoned the “weight of evidence” ground and argued (i) the Respondent lacked capacity because he did not plead being a personal representative and allegedly had no letters of administration, and (ii) the costs condition violated audi alteram partem. The Court held capacity is a legal question that cannot be raised in a vacuum; the Respondent’s uncontested inter vivos gift and Act 63 s.1(2)(a) vested the property in the customary successor, enabling him to sue. The Court further held Order 74 allows immediate punitive costs with conditions; enforcement of conditions is distinct from execution under Order 43. The appeal was dismissed with GH¢5,000 costs.