GH - SHEENA JOY ANDERSON VS DEBORA BANAHENE & ANOR.

On the 26th day of July 2022, the 1st Defendant/Applicant filed the instant Application praying the Court for an order dismissing the suit for disclosing no reasonable cause of action and abuse of the Court process.

The Application was resisted by the Plaintiff and 2nd Defendant.

In support of the Application, Counsel for the Applicant submitted that on 12th August 2020 the Plaintiff per a Writ of Summons and Statement of Claim commenced an action in the High Court, Land Division, presided over by Her Ladyship Jennifer Anne Myers Ahmed in Suit Number LD/1041/2020 against the 1st Defendant and another seeking:

a. Declaration of title to that piece or parcel of land of area 0.16 acres designated as Plot Number 40, Block 4, Section 160 situate lying and being at West Legon Greenhill, Kissieman, Accra.

b. A declaration that the Defendants have trespassed unto her land.

c. An order for perpetual injunction restraining the Defendants, their agent assigns, contractors, privies, workmen or anyone whatsoever acting for on behalf of the Defendants from entering upon or interfering with the Plaintiff’s ownership, possession and use of the said parcel of land.

d. General damages for trespass.

e. Cost inclusive of solicitor’s fees.

f. Any other relief(s) the Honourable Court may deem fit.

On 6th May 2021 the 1st Defendant herein filed a motion to strike out the Plaintiff’s Statement of Claim on the grounds that the suit disclosed no reasonable cause of action and was an abuse of the Court process.

The crux of the motion therein was that the Plaintiff’s grantor, the 2nd Defendant herein, who claims the land in dispute as part of a larger tract of land by virtue of Executive Instrument (E.I.) 58 of 1979 (E.I. 58 of 1979), could not have purported to alienate any interests in the land in dispute to the Plaintiff as the High Court presided over by her Ladyship G.T. Lutterodt J (as she then was) in the matter of Ebenezer Tetteh Amartei (substituted by Benedict Botchway) v State Insurance Corporation, with Suit Number 2916/87 dated 16th November 1990 declared E.I. 58 of 1979 null and void and of no effect whatsoever.

The said Judgment of the High Court was subsequently affirmed by the Court of Appeal in State Insurance Corporation v Benedict Botchway by a majority decision as stated both in the Court’s Notes and full judgment of the Court.

On the basis of the above decisions, on 9th June 2021 the High Court, Land Division, presided over by Her Ladyship Jennifer A