W.O. 1. (RTD) KINGSLEY OWUSU VS KOFI KWABIA AGYEKUM & ORS
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE NICHOLAS M.C. ABODAKPI J.
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sued the 1st, 2nd, and 3rd Defendants for trespass, eviction, and damages concerning a land dispute. The Defendants filed a motion to strike out the pleadings and dismiss the suit, arguing it failed to disclose a reasonable cause of action and the Plaintiff lacked the legal standing to sue. The court examined the writ of summons and found that the Plaintiff had neither claimed ownership nor acted on behalf of the actual owners. Considering these deficiencies, the court dismissed the Plaintiff's action entirely and awarded costs to the Defendants.
The lawyer for 1st and 3rd Defendants, has filed this application under consideration on 19/11/2018. It is for an order striking out the pleadings or the statement of claim and for a further order dismissing the Plaintiff’s, suit against the Defendant’s for not disclosing reasonable cause of action.
The relevant rule of Court under which this application could be made is ORDER 11 Rule 1(8) (a). The Rule provides: “The Court may at any stage of the proceedings order any pleading or anything in any pleading to be struck out on the grounds that; (a) It discloses no reasonable cause of action or defence. ”The section continues as follows: “and may order the action to be stayed or dismissed or judgment to be entered accordingly. ”Sub-Rule 2 is relevant, and it is such that it must be read together with Rule 18(1) (a). It reads: “No evidence whatsoever shall be admissible on an application under Sub-Rule 1(a). ”. 2 I have perused the motion paper and it is compliant, with the rules as stated supra.
The above rules of procedure cited do not require an interpretation, to get the message therein.
My next consideration is to examine the writ of summons and the pleadings filed by Plaintiff.
And by that determine whether, it discloses a reasonable cause of action.
I refer to the cases: THE REPUBLIC VS HIGH COURT, ACCRA, EX PARTE: ARYEETEY [2003/4] SCGLR.
The writ is indorsed with the following claims: “(a) A declaration that Defendants have trespassed onto the property in dispute.
b) An order evicting Defendants from House No. 17, Nii Kwao Street Haatso, Accra.
c) An order directed at the Defendants to paint both the interior and exterior parts of the house and to repair any damages that have resulted from their unlawful occupation of the house.
d) Damages for trespass, and(e) Cost”. 3 The statement of claim field on 22/06/2017 with the writ is to the effect that, 1st and 3rd Defendants are Plaintiff’s step-children, and are children of Hanna Owusu, his enstranged wife.
And that 2nd Defendant is married to 3rd Defendant, his step-daughter.
Secondly, the averments are to the effect that, the house, subject matter of the action, has been sold by Plaintiff to one Jerzy Pawlawski and Helena Olsson and conveyed to them, by Plaintiff.
Thirdly, Plaintiff alleged that his enstranged wife has refused to vacate the house and by that he is unable to grant vacant possession to the purchasers.
He continued that his enstranged wife has claimed she is a joint over of