ROSEMARY QUANDOH v. W. B. IMPEX LTD & ROYAL v. V. I. P.
2016
HIGH COURT
GHANA
CORAM
- JUSTICE FRANCIS OBIRI
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought a review of an earlier judgment to include recovery of possession of disputed land which was previously not requested. The defendants appealed the prior judgment and opposed the review. Various precedents and statutory provisions were discussed, highlighting the courts discretion to grant reliefs not specifically requested if supported by evidence and in the interest of justice. The court ultimately decided in favor of reviewing the judgment and amended the plaintiff's reliefs to include possession of the property, emphasizing judicial flexibility and the goal of substantial justice.
RULING
Let me begin this ruling by quoting the words of Jesus Christ in Mathew 7: 7 where he said “Ask and it will be given to you; seek and you will find; knock and the door will be opened to you”. The same quotation is also found in Luke 11:9.
In this case however, the plaintiff/applicant hereinafter called the applicant did not ask for recovery of possession to the disputed land during the trial of the case. She is however before this court in respect of this motion praying the court to review its judgment which was given on 24th June, 2016. The court at that time was differently constituted with His Lordship Justice Paul K. Richardson as the presiding Judge.
To appreciate the intricacies of this case, I wish to recap the reliefs upon which the judgment was given. The applicant issued a writ of summons in this case against the defendants/respondents hereinafter called the respondents in this court. And per her amended writ of summons filed on 10th April, 2015, the applicant claimed against the respondents as follows;
A declaration of title to all that piece and parcel of land more particularly described as Ghana Railway Company Land at Asafo Market, Kumasi.
) General damages for Trespass.
Perpetual Injunction restraining the defendants, their agents, servants, employees, workmen and all those claiming through them from interfering with the plaintiff’s ownership, possession and control of the land in dispute.
The respondent resisted the action by filing a statement of defence and also counterclaimed against the applicant for the following reliefs;
A declaration that, the defendants have an equitable right to be on the land by virtue of the temporary permit granted to them by KMA.
A declaration that, the indenture of lease dated 1st March 2009 and made between the Ghana Railway Company and the plaintiff is void and of no effect.
Any further order as shall be just in the circumstances of this case, and in particular an order for perpetual injunction restraining the plaintiff, her servants, privies, assigns and any other person claiming through her and on her behalf from in anyway interfering with the defendant’s right to the said land or otherwise dealing with it in any way adverse to the defendants’ rights.
At the conclusion of the case, the trial judge gave judgment for the applicant on 24th June 2016 which is attached to this application and marked as exhibit ‘DD3’.
The trial judge concluded his judgment by finding for the applicant in the l