NANA AMPOFO KYEI BARFOUR vs. JUSTMOH CONTRUCTION CO. LTD , DESPITE COMPANY LIMITED ,YAA SERWAA EGGS SELLERS ASSOCIATION LTD. AND GHANA RAILWAY DEVELOPMENT AUTHORITY

The Plaintiff, Nana Ampofo Kyei Baffour, occupant of the Asem stool, instituted a suit at the Fast Track High Court, Kumasi, claiming that the land occupied by the Defendants forms part of Asem Stool lands. The 2nd Defendant applied to join the Ghana Railway Development Authority as 5th Defendant, which was granted with a 14-day period to file processes. The 5th Defendant filed a statement of defence allegedly on 2/8/2013, but the Plaintiff contended it was filed out of time and without leave. Default judgment was entered against the 5th Defendant but later set aside when the 5th Defendant claimed to have filed a defence. Subsequent motions and appeals ensued regarding the validity and timing of the statement of defence and compliance with procedural rules.

ADINYIRA (MRS), JSC:- For purposes of clarity, it is essential to set out in chronological detail, the facts and dates of events, as the bone of contention in this appeal are, the due compliance with time set down by the rules of court and the principle of the audi alteram partem rule. FACTS AND PROCEDURE: On 17/3/2013, the occupant of the Asem stool, Nana Ampofo Kyei Baffour, the Plaintiff/Respondent/Appellant (the Plaintiff) instituted an action, per his lawful attorney, at the Fast Track High Court, Kumasi, against the 1st to 4th Defendants for a declaration that the parcel of land being occupied by the Defendants, forms part of Asem Stool lands. In time, the 2nd Defendant herein, Despite Company, applied for its grantor, the Ghana Railway Development Authority to be joined to the action. The order for joinder made on the 13/5/2013 by the trial judge was as follows: “Application for joinder of the Ghana Railway Authority as 5th Defendant is hereby granted. The Ghana Railwa.....