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
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case revolves around the Plaintiff/Appellant's attempt to obtain possession of a property purchased from Isabella Effon, who bought it from the Defendant. Despite the Defendant's admissions and the court's ruling in favor of the Plaintiff/Appellant, the Defendant's spouse contested the judgment arguing she had joint ownership and was not notified of the proceedings. The trial court deemed the execution void for non-compliance with procedural notice requirements. However, the appellate court reversed this decision, maintaining the judgment favored the Plaintiff/Appellant since the procedural rules, while essential, did not extend to every family member and the Defendant's spouse had constructive notice.
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