Stanley Kotei Hammond v. G. K. Agbleze & ORS

SOWAH, J. A.

The Notice of Appeal filed by the Applicants/Appellants on 30th June 2015 is in respect of two decisions of the trial court.

Namely; the substantive judgment of the trial court dated 20th November 2014 and a Ruling dated 17th June 2015 which dismissed the applicant/appellants application to set aside that substantive judgment.

Background facts The 1st and 2nd applicants/appellants were not parties to the suit initiated in March 2004 by the plaintiff/respondent against G. K. Agbleze and J. K. Nugbemado, the 1st and 2nd defendants respectively.

The plaintiff/respondent’s claim was that the defendant's had built a beach resort on his land.

In his writ of summons as amended in May 2009, he claimed the following reliefs: a. Declaration of Title b. Recovery of possession c. Damages for trespass d. An order directed to the defendants to surrender their title deeds in respect of the land in dispute for revocation by the court e. An order directed to the Lands Commission to expunge from their records the plotting of the lease from Nii Kojo Ababio to the Korle Beach Resort dated 1st March, 1998 f. Order for perpetual injunction against the defendants, their successors, assigns from interfering with the land.

The defendant's in their statement of defence filed in May 2004 and amended on 1st April 2009 admitted constructing a beach resort on the disputed land but claimed to have been granted a lease of the land by the 1st applicant/appellant Nii Kojo Ababio V, and the property had subsequently been registered in favour of Korle Beach Resort.

The defendant's filed a Counterclaim for the following reliefs: a. Declaration of the title to all that piece or parcel of land described in paragraph 7 of the statement of defence.

b. Perpetual injunction restraining the plaintiff, his agents and relations from interfering with their title to the said property or having anything to do with the land.

c. Refund of all the monies paid to the plaintiff and co jointly and severally in respect of the disputed property.

After a full trial, judgment was delivered on 20th November 2014 in favour of the plaintiff/respondent.

The defendants filed Notice of appeal on or about 1st December 2014 [see page 102 of the Appeal Record]. That appeal is not before us nor are the defendant's appellants in the appeal before us.

Subsequently on 17th December 2014, the applicants/appellants herein brought a motion before the trial court to set aside the judgment and to stay exe