[2016]DLCA5234 • April 28, 2016 • Court of Appeal
SWISS WATCH COMPANY LIMITED vs. ANNIE LARNYO ARYITEY AND 3 OTHERS
The appellant, Swiss Watch Company Limited, had been a tenant for over 40 years at a property owned by the late Reverend Samuel Saki Odonkor, leased to them by his surviving child, the first defendant. The tenancy was not renewed, and the property was sold by the first defendant and her attorneys to the fourth defendant. The appellant claimed sitting tenant status, a right of first refusal to purchase, and alleged the sale was fraudulent and without proper consent of co-owners. The suit sought declarations, damages, and injunctions against the defendants.
read moreJUDGMENT AGYEMANG JA: In this appeal against the judgment of the High Court, Accra (Human Rights Division), the plaintiff/appellant seeks the setting aside of the ruling of that court delivered on 30th of July 2015. The ruling, the subject of this appeal, followed an application by the 4th defendant for the plaintiff’s suit to be struck out in the exercise of the court’s powers to strike out pleadings or summarily dismiss a suit under Order 11 Rule 18(1) of the High Court (Civil Procedure) Rules 2004 CI 47. The said suit was brought against the first three defendants: a mother (now deceased) and her two sons - her lawful attorneys. The mother: the first defendant, was the sole surviving child of the late Reverend Samuel Saki Odonkor who acquired property described as House No. C1/3 Farrar Avenue Sobukwe Road, Adabraka, Accra. She survived her three siblingsupon whom the property devolved: Grace Nene Kwansa, Nathaniel Kofi Odonkor, and Peter Philip Odonkor. Reverend Samuel Sa...