[2007]DLSC11038 • April 4, 2007 • Supreme Court •
HANNA ASSI (NO 2) vs. GIHOC REFRIGERATION & HOUSEHOLD PRODUCTS LTD (NO2)
The dispute concerns ownership and possession of Plot No 19, Ring Road, North Industrial Area, Kaneshie, Accra. The plaintiff alleged adverse possession over the property, claiming title and possession, while the defendant asserted ownership and sought recovery of possession. The trial court granted reliefs to the defendant, including declaration of title and recovery of possession, but the Court of Appeal reversed the grant of reliefs on the ground that the defendant had not pleaded a counterclaim. The Supreme Court was called upon to resolve whether the defendant could be granted such reliefs without a formal counterclaim.
read moreATUGUBA JSC. The core issue in this application is whether the applicant, Hanna Assi, because he did not make a counterclaim, could nonetheless be granted the remedies of declaration of title and recovery of possession. The trial High Court granted them but, on appeal from that decision, the Court of Appeal disallowed them on the ground that the same had not been pleaded. This court was divided on the matter: see the judgment of the ordinary panel of this court in Gihoc Refrigeration & Household Products Ltd v Hanna Assi [2005-2006] SCGLR 458. The majority of the court (per Dr Date-Bah JSC) held as summarised in the headnote (at pages 461-462) thus: "The distinction between this case and Butt case [2003- 2004] 1 SCGLR 636} is that there a suit had been brought by the plaint([( and he had pleaded material facts on the basis of which the court could validly grant him the relief that he had not expressly claimed. In this case in contrast, the defendant had not brought any counterclaim in...