Try asking the following...
Introduction:
The above cases cited were consolidated and are pending before the High Court [Land
Division], Accra since the subject ma@er of litigation is the same in each case. Thus the
same facts and law may apply.
The instant interlocutory appeal has been launched against the Ruling of the court
delivered 23/11/2021, refusing an application by the appellant for leave to file a
supplementary witness statement. The appellant is the 4th defendant in the first suit
numbered BMISC/511/2011 whilst he is sued as the 1st defendant in the second suit,
In the first suit, Suit No. BMISC/511/2011 the plaintiff therein, Swiss Watch Co. Ltd had
sued the 1st, 2nd and 3rd defendants ie Annie Laryo Aryitey, Elliot Aryitey and Edwin
Aryitey respectively, for:
1. A declaration that the plaintiffs are si@ing tenants H/No. C1/3
Adabraka Accra of over forty-three (43) years sgning.
2. A declaration that as si@ing tenant of such long standing the
defendants are obliged by law and conveyancing convention
to give the plaintiff the 1st option to purchase or refuse.
3. An order compelling the defendants to offer the plaintiffs the
right of 1st refusal or purchase.
4. Damages for aggravation.
5. An order of perpetual injunction restraining the defendant their
agents, servants, workmen, proxies, interested purchasers and
all assigns from entering upon and or from locking up the
plaintiff’s shop or locking the plaintiff out.
As the case was pending for trial, the appellant Samuel Amo Tobin, successfully
applied to be joined and was so joined in the suit as the 4th defendant.
It is also on record that on the 8th December 2014 the plaintiffs in Suit No. AL/13/2015
issued another writ of summons against the appellant as the 1st defendant and added
the Lands Commission as the 2nd defendant. Per the reliefs endorsed on their writ, the
plaintiffs therein claimed:
1. Declaration that the land title certificate acquired by the 1st defend-
ant from the deed registry is null and void same having been
acquired by fraud.
2. An order se@ing aside a purported sale of the land including the
portion occupied by the 2nd defendant to the 1st defendant.
3. An order directed at the Land Registry Division (Land Title
Registry/Lands Commission) to expunge from its record any
alleged transfer of title to the 1st defendant same having been
done by mistake and or on the basis of fraud perpetrated by
the 1st defendant on their division.
It is worth stressing