[2003]DLSC1023 • October 29, 2003 • Supreme Court •
REPUBLIC vs. HIGH COURT, ACCRA; EX PARTE ARYEETEY
The applicant, Godfred Tei Aryeetey, occupied land leased from the respondent's deceased father. After the lease expired and a one-year extension was granted, the applicant continued to occupy the land without paying rent. The respondent sued for recovery of possession in the Community Tribunal, Kaneshie, where the applicant accepted liability and was granted time to vacate but defaulted. The applicant later sought to set aside the judgment on grounds that the respondent lacked capacity to sue, alleging fraud related to the respondent's status as customary successor and beneficiary of the estate.
read moreJUDGEMENT Kpegah JSC. In these proceedings, the applicant, one Godfred Tei Aryeetey, is seeking from this court an order of certiorari to quash the decision of the High Court, Accra dated 12 May 2003 which set aside a writ of summons and statement of claim filed by him against one Abednego Ankrah who is the respondent before us. The applicant’s writ sought to set aside a judgment earlier obtained in the Community Tribunal, Kaneshie by the respondent. For a better appreciation of this ruling we need to recount, in some detail, the antecedents of the case culminating in the instant application. On 7 February 1996 the respondent sued the applicant in the Community Tribunal, Kaneshie for the recovery of possession of a piece of land which his deceased father had leased to the applicant for fifteen years beginning from October 1975 to expire in October 1990. The respondent sued in his capacity as the beneficiary and customary successor of his deceased father’s estate. Meanwhile, o...