STELLA GAITU v. MARK BUKU, ACCRA & ANOTHER
2019
COURT OF APPEAL
GHANA
CORAM
- DENNIS ADJEI, JA (PRESIDING)
- B. F. ACKAH-YENSU, JA
- POKU-ACHEAMPONG, JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Family Law
- Evidence Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Ackah-Yensu JA with Adjei JA and Poku-Acheampong JA concurring, allowed an appeal from a High Court ruling that had nullified a writ of possession and restored a spouse to a residence. The case arose after the Plaintiff/Appellant bought a residential property from Isabella Effon, who herself had obtained it from the Defendant by deed of assignment. The Defendant admitted the sale and pleaded for time, leading to judgment on admission and issuance of a writ of possession. The Defendant’s spouse (Applicant/Respondent) later sought to set aside, claiming joint ownership and lack of notice, and the High Court vacated the writ and put her back in possession. The Court of Appeal held she had constructive notice, that the trial court was functus officio post-judgment and lacked jurisdiction to join her or restore possession, that fraud was neither pleaded with particulars nor proved, and that judgments on admissions persist unless discharged under rule 23 of C.I. 47. The High Court’s ruling was set aside.
ACKAH-YENSU, JA
In view of the nature of the issues arising from this action, we deem it pertinent to go into the history in its entirety. The facts of the case are as follows:
On 29th April 2014, the Plaintiff/Appellant issued a writ against the Defendant for, inter alia, an order for the possession of a residential property, subject matter of the suit. According to the Plaintiff/Appellant, she purchased the said property from one Isabella Effon, a Ghanaian resident in the United States of America, at a purchase price of GH¢320,000.00, and the vendor issued her with a receipt. Isabella Effon had earlier on purchased the property from the Defendant and the Defendant had executed a Deed of Assignment in favour of Isabella Effon. Isabella Effon also executed a Deed of Assignment conveying the property in favour of the Plaintiff/Appellant and handed over the said Deed together with the earlier Deed by the Defendant to Plaintiff/Appellant.
Subsequent to these transactions, the Plaintiff/Appellant informed the Defendant by a formal letter dated 27th February, 2014 that the property had been sold to her by Isabella Effon hence the Defendant should yield vacant possession to her. The Defendant pleaded with her for time and subsequently promised that he would yield vacant possession of the property on or before 18th April, 2014. The Defendant however failed to vacate the property and Plaintiff/Appellant issued the writ against the Defendant. Defendant entered appearance and subsequently filed his Statement of Defence in which he admitted virtually all the averments in the Statement of Claim. He admitted selling the property to Isabella Effon in 2012. He also stated that Isabella Effon had informed him that she had sold and transferred the property to the Plaintiff/Appellant. He prayed for further time to put his new home into a habitable state.
On 16th June, 2014, Learned Counsel for the Plaintiff/Appellant moved the Court to enter Judgment on Admission against the Defendant, arguing that the Defendant had admitted in his Statement of Defence that the disputed property belonged to the Plaintiff/Appellant and there was therefore no issue to be determined by the Court. The High Court on 25th June, 2014 accordingly entered Judgment for the Plaintiff/Appellant for all the reliefs endorsed on the writ of summons.
After the Judgment, Plaintiff/Appellant filed for Entry of Judgment and further for leave for Writ of Possession to issue. The High Court, directed that