STANLEY KOTEI HAMMOND vs. G. K. AGLEZE AND J. K. NUGBEMADO NII KOJO ABABIO V AND KORLE BEACH RESORT LTD.

PWAMANG JSC:- My Lords, after a reflective consideration of this appeal, we took the view that the Court of Appeal came to the right conclusion in this case when they dismissed the appeal that came before them. Nonetheless, we noted that one of the reasons for their decision is inconsistent with the law as we know it and it is our duty as the apex court to correct such errors of law in order that courts below the Court of Appeal are not misled. The error is in respect of the statement in their judgment to the effect that a person who was not a party to proceedings in the court below cannot appeal against the judgment in the case even if the person is bound by the judgment or her interest is prejudicially affected by it. In the Court of Appeal, the appellant lodged a double-barrelled appeal against two decisions given in the same case by the High Court. The case in the High Court is Suit No. BL. 285/2004 intituled Stanley Kotei Hammond v G. K. Agbleze & Anor and concerned title to la...