Robert Odamtten v. Raphael Wuta-Offei & ORS

MARIAMA OWUSU, J. A:

On 8-8-2008, the High Court, Accra, dismissed the claims of the plaintiffs in the consolidated suits.

In its judgment, the trial court held among other things as follows; On the whole I find that plaintiffs in both suits lack the requisite capacity to sustain the action filed in this court.

I shall accordingly dismiss both suits filed by the plaintiffs in both cases.

The property has actually been sold to the 2nd defendant who has paid for it in full.

I find nothing to detract from the validity of the sale of the property to 2nd defendant for me to set the said sale aside and I decline to do so.

The court however has decided not to award costs to the 1st defendant.

However, the 2nd defendant who is not a member of the 1st defendant family and who has successfully defended the action against him is awarded cost of GH1, 000.

00 against the plaintiff in suit No. 96/2002 and a further cost of another GH1, 000.

Dissatisfied with the decision of the trial court, the plaintiffs appealed to the Court of Appeal on the following grounds: [1] That the trial judge erred in law in refusing to set aside the purported sale of the property in dispute otherwise known as KOALA SHOPPING MALL as same was unlawful. [2] The trial judge erred in law in not fully addressing the import of the Intestate Succession Law, 1985, [PNDCL 111] in his judgment. [3] Additional grounds of appeal may be filed upon receipt of the Record of Proceedings.

RELEIFS SOUGHT FROM THIS COURT: The judgment of the Fast Tract High Court in this suit dated 1-8-2008 be set aside.

Before dealing with the arguments advanced in support and against this appeal, I would like to give a brief background of this case.

The suits that were consolidated are suit No. AP 96/ 2007, titled Robert Odamtten vs. Raphael Wuta-Offei, 2. Mohammed Wolley filed on 29-5-2007 and suit No. AL 105/07 titled George Odamtten and 4 Others vs. Raphael Wuta-Offei & Mohammed Wolley.

The plaintiff in suit No. AP 96/2007 claims against the defendants jointly and severally the following:

a. An order setting aside the purported sale of the property known as Essie Lodge/Cedar House otherwise known as House No. F 889/ 2 Cantonments Road, Accra or Koala Shopping Centre.

b. An order of perpetual injunction restraining the defendants from disposing of the property or in any manner dealing adversely with plaintiffs interest in the property.

The plaintiffs in Suit No. AL 105/2007, by their writ of summons