SAMUEL ADJEI ADJETEY & ANOR VS JOHN TOWNSHED & ORS
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP OLIVIA OBENG OWUSU (MRS.) J.
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The 4th Defendant applied for leave to subpoena the 3rd Defendant, the Lands Commission, to testify about land ownership. The Plaintiff opposed, arguing procedural and legal improprieties. The court ruled in favor of the 4th Defendant, allowing the subpoena, stating that all persons are generally competent to testify, and relevant evidence should be admitted. Procedural lapses were deemed waivable without injustice.
This is an application by learned counsel for the 4th Defendant/Applicant for leave to subpoena the 3rd Defendant, the Lands Commission.
The application is supported by an affidavit the relevant portions of which are as follows: “4. The 4th defendant is currently giving evidence in this suit.
5. The Lands Commission is the 3rd Defendant in this suit but it failed to file its defence to the Plaintiff’s claim and Judgment has been entered against them.
6. The 4th Defendant’s case is that the 3rd Defendant granted to her a 99 year lease claiming the land belonged to the government.
7. The 4th Defendant has tendered correspondences with the 3rd Defendant and it will be for the 3rd Defendant to speak to those correspondence and on why the land in dispute is government land and not that of the Plaintiff.
8. All matters that will assist the resolution of this suit must be placed before the Court so justice can be effectively done.
9. The indolence of the 3rd Defendant should not be visited on the 4th Defendant and the present application be granted for the 3rd Defendant to give evidence on the matters before this Court.
10. The 4th Defendant did not indicate in her pre-trial checklist that she will subpoena a witness.
Her failure to do so should not be fatal to the conduct of this case, the need for justice to be done trumps procedural lapses on the part of a party.
The Plaintiff/Respondent filed an affidavit in opposition.
The salient points in the Plaintiff’/Respondent’s affidavit in opposition are captured in paragraphs 3, 4, 5, , 6, 7, 8, 9, 10, 11, 12, 13 and 14. These paragraphs state: “3. That the Plaintiff had been served with the 4th Defendant’s motion for leave to subpoena the 3rd Defendant to come to testify to why the subject matter land is a government land.
That we are vehemently opposed to the said Application.
4. That I am advised that the application is odd and not supported by any law in the sense that a party qua party(not a normal party) in this case the 3rd Defendant cannot be subpoenaed in the self-same suit it is a party.
More so the 3rd party who is being sought to be subpoenaed was served with Writ of Summons and Statement of Claim in the self-same subject land but failed to file a defence and Judgment had been granted against it to 2nd and 4th Defendant’s knowledge.
7. That it is crucial to note that when issues were joined and direction taken as far back as 18th May and parties were ordered to file their respective