[2016]DLCA5141 • May 23, 2016 • Court of Appeal
EBUSUAPANYIN KOFI ANDOH & ORS vs. EBUAPANYIN ASI YAW
The Plaintiff, Ebusuapanyin Asi Yaw, sued the Defendants, Ebusuapanyin Kofi Andoh and others, at the Circuit Court, Agona Swedru, seeking a declaration of title and recovery of possession of approximately 30 acres of land, general damages for trespass, perpetual injunction, and costs. The Plaintiff claimed to be the head of the 1st Aboradze family of Agona Nyarkrom and sued on behalf of the family, alleging the Defendants trespassed on the family land. The Defendants challenged the Plaintiff's capacity to sue as head of the family and the jurisdiction of the Circuit Court, arguing the land's value exceeded the court's monetary jurisdiction and that the Plaintiff was not the rightful family head.
read moreSAEED K. GYAN, JA I have had the privilege of reading before hand the judgment of my worthy brother Suurbaareh, JA and I entirely agree with his conclusion that this interlocutory appeal should be disallowed or otherwise that it ought not to be granted. I would however like to discuss aspect of this case bordering on procedure which I believe bears considering in relation to the competence of the step taken by the Defendants/Applicants/Appellants herein to ensure an early or precipitous ending of the case brought against them by the Plaintiff/Respondent/Respondent herein without determining the case on the merits through a plenary trial. It has always been a fundamental principle of the law that unless in the clearest cases, a party should not be debarred from the judgment seat before they have been heard as required by law. It is equally a principle of considerable eminence that where a stature sets out preconditions which are mandatory in order to access a relief “ a person enti.....