KWABLA vs. ABRAHAMS AND ANOTHER [1962]DLHC1483

Date	1962-02-07
Suit No.
Citation No.	[1962]DLHC1483

OLLENNU J.

E. L. COLE FOR THE PLAINTIFF.

FIRST DEFENDANT IN PERSON.

NO APPEARANCE FOR OR BY SECOND DEFENDANT.

[1962]DLHC1483
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">KWABLA <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">ABRAHAMS AND ANOTHER <o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1962] 1 GLR 62<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 7TH FEBRUARY, 1962.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

E.
L. COLE FOR THE PLAINTIFF.<o:p></o:p>

NO
APPEARANCE FOR OR BY SECOND DEFENDANT.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 6.0pt 0in">

OLLENNU J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
OLLENNU J.<o:p></o:p>By his amended claim, the plaintiff sought an order declaring null
and void a judgment of the Accra West Local Court delivered against him on the
15th June, 1961, in favour of the first defendant. He also sought an order for
injunction restraining the defendants their agents and servants from
interfering with his lands. The ground of his claim is that the judgment was
obtained by fraud.<o:p></o:p><o:p>&nbsp;</o:p>The facts of the case are briefly as follows. The Sempe stool by
deed, exhibit D, dated the 8th December, 1947, conveyed a piece of land to the
plaintiff and placed him in possession. The first defendant later sold a
portion of the identical land to one Gariba Dan Bruno, and the latter built
upon it. The plaintiff thereupon instituted an action against the said Gariba
Dan Bruno and the first defendant, and obtained judgment against them, exhibit
C, for recovery of possession and injunction. He was later placed in possession
of the land with the buildings thereon, upon a writ of possession, exhibit D,
executed in July, 1955, and he has remained in possession thereof ever since.<o:p></o:p><o:p>&nbsp;</o:p>In May, 1961, the first defendant instituted an action against the
plaintiff in the Accra West Local Court, for a declaration of title and damages
for trespass to an area of land which he described as follows: “All that piece
or parcel of land bounded on the north by Akwamu stool lands, on the south by
the sea, on the east by Otublohum lands and on the west by Obutu stools lands”.
Land of that description must cover a huge area stretching several miles both
in length and breadth comprising the major part of Accra City, and several
towns and villages outside Accra, and would be worth many thousands of pounds.
Prima facie, a local court by virtue of section 98 (2) of the Courts Act,
19601(1) has no jurisdiction to entertain a suit with respect to that land
unless the parties expressly consented to the local court exercising such
jurisdiction.<o:p></o:p><o:p>&nbsp;</o:p>The plaintiff said that when the case was called in the local
court, he told the magistrate that he claimed no interest in such a vast area
of land. The record of the local court, exhibit E, also disclosed that the
plaintiff objected to the jurisdiction of the local court, whereupon “on 8th
June, 1961, the court adjourned at 9.29 a.m. to inspect the land in dispute for
assessing the jurisdiction of this court, but the defendant refused to go to
inspect the said land”. In spite of the plaintiff’s objections, as recorded by
him, the magistrate went to inspect the land. The relevant parts of his
inspection report are as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Land in dispute inspected ex parte, plaintiff alone being
present. Plaintiff showed the court the said land measuring 100 feet by 70 feet
on which stands a compound swish house. Plaintiff told court defendant owns the
said compound swish house. The court immediately re-assembled from the
inspection of the said land. Plaintiff alone still being present, defendant
having left the court and gone home at the time the magistrate was leaving to
inspect the said land. Plaintiff confirmed on oath what he told the court at
the inspection and the case was adjourned to 15th June, 1961 for further
hearing. Plaintiff: present at inspection defendant absent (having refused to
go to the inspection).”<o:p></o:p><o:p>&nbsp;</o:p>He then gave judgment for the defend</main>