2021
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Justice G. Pwamang, dismissed an appeal arising from land title litigation in High Court Suit BL. 285/2004, Stanley Kotei Hammond v G. K. Agbleze & Anor. The High Court’s judgment of 20 November 2014 cancelled the appellant company’s registration of the disputed land in Lands Commission records. Although not a party below, the company sought to set aside the judgment and, after that motion was refused on 17 June 2015, filed a single notice of appeal to challenge both the final judgment and the post‑judgment ruling. The Court of Appeal (28 May 2020) dismissed the portion attacking the final judgment as out of time and disapproved the single notice. Affirming those outcomes, the Supreme Court corrected the Court of Appeal’s error that non‑parties cannot appeal, holding that non‑parties may appeal with leave and prescribing guidelines for such applications. The Court further distinguished non‑joinder from non‑service, rejected the voidness argument, and ultimately dismissed the appeal, affirming the Court of Appeal’s judgment.
PWAMANG JSC:-
My Lords, after a reflective consideration of this appeal, we took the view that the Court of Appeal came to the right conclusion in this case when they dismissed the appeal that came before them. Nonetheless, we noted that one of the reasons for their decision is inconsistent with the law as we know it and it is our duty as the apex court to correct such errors of law in order that courts below the Court of Appeal are not misled. The error is in respect of the statement in their judgment to the effect that a person who was not a party to proceedings in the court below cannot appeal against the judgment in the case even if the person is bound by the judgment or her interest is prejudicially affected by it.
In the Court of Appeal, the appellant lodged a double-barrelled appeal against two decisions given in the same case by the High Court. The case in the High Court is Suit No. BL. 285/2004 intituled Stanley Kotei Hammond v G. K. Agbleze & Anor and concerned title to land. The case went through a full trial and judgment was delivered on 20th November, 2014. The appellant company herein was not a party in the case but is directly affected by the judgment as it contained an order for the cancellation of its registration of the disputed land in the records of the Lands Commission. Being aggrieved by that judgment, the appellant first applied to the High Court by motion to have it set aside but its application was dismissed on 17th June, 2015.The appellant then filed a notice of appeal in the Court of Appeal and sought reliefs against both the substantive judgment of 20th November, 2014 and the ruling dismissing its application to set aside the judgment.
In their judgment dated 28th May, 2020, the Court of Appeal held, correctly in our view, that the part of the appeal against the substantive judgment was woefully out of time and they dismissed it. The court also rightly disapproved of the procedure of filing one notice of appeal against the two decisions in the circumstances of this case. The procedure to adopt where a person is appealing against two decisions by the same court was discussed in the case of Nana Ampofo Kyei Baffour & Ors v Justmoh Construction Co. Ltd [2017-2018] 2 SCLRG 488 (Adaare). In that case, the respondent felt aggrieved by two decisions of the High Court, Kumasi, one refusing to review its decision in which it set aside its own ruling allowing the respondent to defend the action and another, a final decision assessing