SWISS WATCH CO. LTD vs. ANNIE LARNYO ARYITEY & 2 ORS , SAMUEL AMO TOBIN And DOROTHY QUIST & 6 ORS vs. SAMUEL AMO TOBIN, LAND REGISTRATION DIVISION

The case involves two consolidated suits concerning disputes over land ownership and tenancy rights. Swiss Watch Co. Ltd sued Annie Larnyo Aryitey and others claiming sitting tenant status over a property in Adabraka, Accra, seeking declarations and injunctions related to tenancy and purchase rights. Samuel Amo Tobin was joined as a defendant in the first suit and sued as first defendant in the second suit, which involved claims that his land title certificate was obtained by fraud and sought to have it declared null and void and expunged from the Land Registry records. The appellant, Samuel Amo Tobin, sought to file supplementary witness statements to clarify inconsistencies in land title documents during trial, which the lower court refused.

JUDGMENT Introduction: The above cases cited were consolidated and are pending before the High Court [Land Division], Accra since the subject matter of litigation is the same in each case. Thus the same facts and law may apply. The instant interlocutory appeal has been launched against the Ruling of the court delivered 23/11/2021, refusing an application by the appellant for leave to ﬁle a supplementary witness statement. The appellant is the 4th defendant in the ﬁrst suit numbered BMISC/511/2011 whilst he is sued as the 1st defendant in the second suit, AL/ 13/2015. In the ﬁrst suit, Suit No. BMISC/511/2011 the plaintiﬀ therein, Swiss Watch Co. Ltd had sued the 1st, 2nd and 3rd defendants ie Annie Laryo Aryitey, Elliot Aryitey and Edwin Aryitey respectively, for: 1. A declaration that the plaintiﬀs are sitting tenants H/No. C1/3 Adabraka Accra of over forty-three (43) years sitting. 2. A declaration that as sitting tenant of such long standing the defendan...