YAW ASAMOAH v. OPANIN KWAME SEBEWIE
2015
COURT OF APPEAL
GHANA
CORAM
- AYEBI, J.A. (PRESIDING)
- TORKORNOO (MRS), J. A.
- DOMAKYAAREH (MRS), J. A
Areas of Law
- Civil Procedure
- Probate and Succession
- Natural Justice
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal was filed by the Appellant against a trial court ruling which had proceeded without proper notice to the defendant. The trial violated natural justice principles by ignoring the defendants statement of defense and counterclaim. Previous precedents and the rules of civil procedure affirmed the significance of proper notification and fair hearing. The judgment was set aside, and the case was remitted for a new trial.
TORKORNOO (MRS) , J. A:
The Respondent in this appeal sued the Appellant for the following seven claims:
a. Declaration that all that cocoa farm/land situate and being at “Abeteneworm” at Kwapong and which said land is bounded by the properties of Afia Achiaa, Kwadwo Donkor, Ama Kyere, Manhyia to Abetenewom timber road and Abeteneworjm stream is the property of the Plaintiff, and all his siblings and two wives of the late Opanin Kwame Amanwaah.
b. Declaration that all that cocoa farm/land situate and being at “Sankorekwanso” at Kwapong and which said cocoa farm/land is bonded by the properties of Akua Baadei, Ama Kyere is the property of the Plaintiff, and all his siblings and the two wives of the late Opanin Kwame Amankwaah.
c. Declaration that the 8 bedroom House Numbered K. 24 at Kwapong is the property of Plaintiff, and all his siblings and the two wives of the late Opanin Kwame Amankwaah.
d. An order distributing the estate or property of the late Opanin Kwame Amankwaah in accordance with the PNDC LAW 111 among the beneficiaries.
e. An order directing at the defendant to account for monies realized from the cocoa produce from the cocoa farms mentioned in reliefs (a) and (b) supra.
f. An order for perpetual injunction restraining the defendant either by himself, agents, assigns, workmen etc from interfering with the Plaintiff’s properties mentioned in reliefs (a), (b) and (c) supra.
g. And any further order (s) as the Court may deem fit.
The Respondent’s writ and statement of claim were filed on 28th March 2013. In the judgment, the trial judge notes that the writ was served on 29th March 2013. By Order 9 rule 5 of the High Court Civil Procedure Rules 2004 CI 47, a defendant is required to enter appearance within 8 days of service of the writ. Order 11 rule 2 (1) gives a defendant fourteen days to file a defence after the time limited for appearance. The Appellant thus had up to 5th April 2013 to enter appearance and 19th April 2013 to file his defence. On page 7 of the Record of Appeal, it is recorded that the defendant entered appearance on 19th April 2013.
On 15th April 2013, the Respondent filed a process headed ‘APPLICATION TO SET DOWN SUIT FOR TRIAL (ORDER 10 RULE 6) and prayed that the suit be set down for trial on 24/04/2013.
On that 24th April 2013, when the defendant’s appearance was part of the court’s records, the court granted the ‘application to set down suit for trial’ and set the suit down for trial on 13th May 2013. The cour