TETTEH TEINOR & ORS v. NII IDDRISU AYAA TETTEY & ORS
2015
COURT OF APPEAL
GHANA
CORAM
- MARFUL- SAU, JA (PRESIDING)
- GYAESAYOR, JA
- CECILIA SOWAH, JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves an appeal from a High Court judgment favoring the respondents who acquired land from Princeton Multi-Purpose Estates, which claimed acquisition from the Odai Ntow Family. The appellants disputed this, leading to legal action. The trial court ruled for the respondents, and the appellants appealed, arguing that the ruling was unsupported by evidence. The appeal succeeded on the legal point that the respondents' grantor lacked the valid authority to convey the land, as the conveyance did not include all accredited heads of the Odai Ntow family, making the original judgment void.
MARFUL-SAU, JA: - This appeal is taken from the judgment of the High Court, (Fast Track Division) Accra dated the 28th of October 2009. The plaintiffs who are the respondents herein had acquired parcels of land from Princeton Multi-Purpose Estates Agency, which claimed it had acquired a large parcel of land from the Odai Ntow Family for Estate Development. The defendants herein referred to as the appellants disputed the interest of the respondents in the land as a result of which the respondents initiated this action for the following reliefs:-
1. Declaration of title to the respective plots of land acquired by the respondents.
2. An order of perpetual injunction against the defendants and their servants.
3. General Damages for trespass.
4. Costs.
As observed earlier the appellants disputed the claims of the respondents but did not counterclaim for any relief against the respondents. The case proceeded to trial and judgment was entered for the respondents. Aggrieved by the said judgment the appellants have appealed to this court praying that the judgment so entered against them be set aside. The appellants by their notice of Appeal filed on 9th of November 2009 formulated one ground of appeal, which was that the judgment was against the weight of evidence adduced at the trial.
In the notice of appeal the appellants gave notice that they will file additional grounds of appeal and this they did on the 15th of March 2010. However, it is clear from the record that without the leave of this court appellants Counsel argued the additional grounds of appeal. Counsel for the respondents in his written submission rightly took objection to the step taken by the appellants, but nevertheless responded to the said additional grounds so argued without the leave of this court.
The record of appeal also shows that Counsel for appellants upon the objection raised by respondents Counsel rushed to this court and sought leave posthumously to ratify the procedural flaw in his written submission, which was arguing the additional grounds without leave. This court differently constituted on the 29th of July 2014 granted the appellants application for the court to admit the already argued additional issues. The court on the said date ordered as follows:-
‘’BY COURT: - Application granted as prayed. Leave is hereby granted the applicant to admit Additional Grounds of Appeal filed on 15/3/2010 and argued in their written submission filed on 12/5/2014. Let the Defendants/A