W. A. SOLOMON v. CHIEF QUASI AMPEH
June 6, 1916
SUPREME COURT
GHANA
CORAM
- HIS HONOUR SIR PHILIP CRAMPTON SMYLY, KNIGHT, CHIEF JUSTICE
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Tort Law
June 6, 1916
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Chief Justice Sir Philip Crampton Smylys Divisional Court judgment concerned W. A. Solomons claim over the Nsawam ferry on the Densu River. After defense counsels absences and a refused adjournment, the case proceeded under Order XXXIV, with judgment later reserved; the court then permitted a rehearing for cross-examination upon payment of costs. Solomon sought an account of tolls collected from 1910 to June 20, 1914, or a32,000 damages for trespass, asserting rights acquired at an execution sale of Kobina Manyas interests. Upon recall, Joseph Amos Lampteys testimony about location was discredited; the court interpreted the certificate of titles reference to the Densu as descriptive of land rather than conferring ferry rights at Nsawam, found no evidence that Manya held any ferry interest, and held Solomon lacked possession after ceasing operations when a government bridge was built. The court nonsuited Solomon and awarded the defendant costs.
This case appeared in the Cause List, among a number of other cases provisionally on February the 1st, and was placed third on the list of cases for Thursday the 2nd of February, both Counsel for Plaintiff and the Defendant being in Court at the time.
On Thursday the two cases first on the Cause List were called, but for one reason or another were not able to be proceeded with. The present case was then called but neither of the two Counsel retained for the defence had taken the trouble, either to attend the Court or to send a clerk to watch the proceedings on their behalf, with the result that the Court had to be
adjourned, a result to be deplored in view of the heavy congestion of cases awaiting hearing. The next day Friday when the case was called the Junior Counsel for the Defendant stated that his Senior Counsel had gone to Koforidua and that he the Junior Counsel was not in a position to go on as he had none of the papers in the case, and asked for an adjournment, this application was refused. The Junior Counsel for the defence then asked to be allowed to retire from the case, his application was noted, but not granted, and he took no further part in the proceedings. The case then proceeded under Order XXXIV.
In my opinion the Court has not been treated in this case with the respect to which it is entitled, and further I wish the more junior members of the Bar, who make periodical excursions up country, to clearly understand that if they undertake work before the Divisional Court at Accra, they will have either to see it through themselves to the exclusion of their other business or else make suitable arrangements for their business being attended to during their absence.
In this case the Plaintiff claims an account of all the tolls collected by Defendant and his agents in respect of the Ferry over the Densu river at. Nsawam, from 1910 January to the date of this action, 20th June, 1914, the writ states that the Plaintiff is the owner of the lands of Abobri on either banks of the Densu river, and of the right to ferry the said river for tolls, and that the Defendant since the date aforesaid, unlawfully and wrongfully entered upon the lands, and carried on the ferry for tolls to the great damage of the Plaintiff, who claims a decree for the amount collected, with interest of 5% up to Judgment, in the alternative £2,000 damages for the above tresspass.
The Plaintiff claims that he became entitled to this ferry under a sale in execution, by which h