2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This interlocutory appeal addresses the dismissal of an application for interlocutory judgment in default of defense and the striking out of several defendants from a case involving property and trespass claims. The initial suit involved a claim for a declaration of title, damages for trespass, and recovery of possession among other reliefs. The High Court Judge dismissed the application and struck out several defendants, leading the Plaintiffs to appeal. The appellate court restored the names of the defendants to the action but did not grant the request for interlocutory judgment, emphasizing the need to fully resolve the principal dispute to avoid complications and multiplicity of proceedings.
IRENE CHARITY LARBI (MRS) J.A.
This interlocutory appeal emanates from the ruling of the High Court, Agona Swedru dated 12th November, 2015.
The brief facts are these;
By a writ filed at the Registry of the High Court, Agona Swedru on 30th January, 2014, the Plaintiffs sought the following reliefs against the Defendants:
a. A declaration of title to all that piece or parcel of a land
situate lying and being at West Kasoa i.e. Kasoa Odupong Kpehe in the Central Region of Ghana which land is more particularly described in their indenture dated 10th June 1986 and registered as CR 378/91.
b. General Damages for trespass.
c. Recovery of possession.
d. An order of the Honourable Court directed at the 9th
Defendant to expunge the name of Mustapha Plus from its records and replace it with that of the Plaintiffs Church.
f. Any further order or orders as this Honourable Court would
deem fit in the circumstances.
Accompanying the writ was a 16 paragraph statement of claim which set out the case of the Plaintiffs.
Upon service of the writ as well as the statement of claim, the 1st, 2nd and 8th Defendants entered conditional appearance through their lawyer, Oliver Atsu Ababa Esq. of Abada & Co.
On 10th February, 2014 the 4th Defendant entered appearance for and on behalf of himself.
On 20th February, 2014 Lawyer Oliver Atsu Abada Esq. of Abada and Co. entered appearance for and on behalf of the 3rd, 4th, 5th, 6th and 7th Defendants. Subsequently the said Lawyer filed a Statement of Defence and Counter-claim on behalf of the 1st to 9th Defendants.
On 13th day of November, 2015 pursuant to an application filed by the Plaintiff for an interlocutory judgment in default of defence against 3rd, 4th, 5th, 6th, 7th and 8th Defendants, the learned Trial Judge after hearing arguments from the Lawyer for the Plaintiffs, dismissed the said application and further proceeded to strike out the names of the 3rd to 8th Defendants from the suit. Hence this interlocutory appeal which is a complaint against the whole ruling.
The ground of appeal as amended pursuant to leave of this court on 31st January, 2017 are as follows:-
“a. The Ruling was against the weight of the evidence.
b. The learned Trial Judge erred in law by failing to enter
Interlocutory Judgment in default of defence against the 3rd, 4th, 5th, 6th, 7th and 8th Defendants.
b(i) That the learned Trial Judge erred in law in summarily
striking out the names of the 3rd, 4th, 5th, 6th , 7th and 8th
Defenda