SSGT RTD JACK NII DARKU DODOO & ANOR VS FUSEINI IBRAHIM
July 7, 2022
COURT OF APPEAL
GHANA
CORAM
- SUURBAAREH, J. A (PRESIDING)
- M. WOOD (MRS), J.A
- J. BARTELS-KODWO (MRS), J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Tort Law
July 7, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This interlocutory appeal arises from a land dispute in Pokuase-Accra. The plaintiff claims ownership of the parcel acquired from the late Prince Robert Thomas Dodoo family through its head, Michael Nii Amponsah Dodoo, and alleges the defendants trespassed, including a gun threat to a tipper truck and installation of a welder. After substituted service and conditional appearance, the defendants sought to strike out the new suit for non-compliance with discontinuance rules and nonpayment of costs from a prior suit (LD/0054/2020) that was struck out for failure to endorse the plaintiff’s Spanish address, with GHȼ1,000 costs. The High Court dismissed the strike-out motion. On appeal, the defendants argued misconstruction of discontinuance, jurisdictional error due to an invalid affidavit, and public policy/unjust enrichment. The Court of Appeal, per Merley A. Wood JA, held that striking out is not discontinuance under Order 17, emphasized substantial justice over technicalities, and determined costs must be enforced under Order 74 Rule 11. The appeal was dismissed, the High Court affirmed, and costs of GHȼ5,000 were awarded to the plaintiff/respondent.
MERLEY WOOD JA
This is an Interlocutory appeal from the ruling of the High Court, Land Division, Accra dated 12th May 2021. The facts leading to this interlocutory appeal are that the Plaintiff/Respondent took out a Writ of Summons and Statement of Claim against the Defendants for the following reliefs: “(i) A Declaration that the Plaintiff is the bona fide owner of all that piece or parcel of land situate, lying and being at Pokuase-Accra and containing an approximate area of 0. 263 Acre or (0. 106 Ha) more or less and bounded on the North-West by proposed road measuring 051. 7 & 040. 3’ feet more or less on the North-East by proposed road measuring 110. 9 feet more or less on the South-East by the Lessor’s land measuring 103. 9’ feet more or less on the South-West by the Lessor’s land measuring 128. 7 feet more or less.
ii) Recovery of Possession of the piece or parcel of land situate, lying and being at Pokuase-Accra and containing an approximate area of 0. 263’ Acre or (0. 106Ha)more or less and bounded on the North-West by proposed road measuring 0. 51. 7& 040. 3’ feet more or less on the North-East by proposed road measuring 110. 9 feet more or less on the South-East by the Lessor’s land measuring 103. 9’ feet more or less on the South-West by the Lessor’s land measuring 1287. 7 feet more or less.
iii) An order of perpetual injunction against the Defendants, their agents and privies from entering or otherwise dealing with the piece or parcel of land and from disturbing the Plaintiff’s use and quiet enjoyment or possession of the piece or parcel of land which is the subject matter of this suit.
iv) Damages for trespass.
v) Costs. ”The Plaintiff/Respondent’s case as per his writ of summons and statement of claim is that upon acquiring land from the late Prince Robert Thomas Dodoo family acting per its head of family Michael Nii Amponsah Dodoo, he instructed his caretaker to deposit sand and stones on the land to enable commencement of construction of the fence wall and other works.
He pleads that when his caretaker, Samuel Agbo together with a tipper truck driver were about to deposit the sand and stones, not only were they stopped by the Defendants but the 2nd Defendant pulled a gun and threatened to shoot the tyres of the tipper truck.
After the matter was reported to the Police, the parties together with elders of the family were invited where the 1st Defendant claimed to hold a Power of Attorney dated 4th January 1994 from the then head of f