GBAGO vs. OWUSU [1972]DLHC2220

Date	1972-07-25
Suit No.
Citation No.	[1972]DLHC2220

ABBAN J.

S. A. X. TSEGAH FOR THE APPLICANT.

W.A. BOSSMAN FOR THE RESPONDENT.

[1972]DLHC2220
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													<main id="main" class="content" style="min-height: 60rem" >GBAGO<o:p></o:p>&nbsp;vs.<o:p></o:p>&nbsp;OWUSU <o:p></o:p>[HIGH COURT,
ACCRA]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1972] 2 GLR 252<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
25 JULY 1972.<o:p></o:p>

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

S. A. X. TSEGAH FOR THE APPLICANT.<o:p></o:p>

W.A. BOSSMAN FOR THE RESPONDENT.<o:p></o:p>

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

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

</div><o:p>&nbsp;</o:p>JUDGMENT OF ABBAN J.<o:p></o:p>The
applicant, according to him, sold the land in dispute to the defendant in this
case. The plaintiff claiming the land to be her property, first sued the
applicant who entered appearance through his solicitors. Thereafter, the applicant
left Ghana in pursuance of the Aliens Compliance Order.<o:p></o:p><o:p>&nbsp;</o:p>On
learning of the departure of the applicant from the country, and on becoming
aware that before the applicant left, he sold whatever interest he had to the
defendant, the plaintiff applied for an order to substitute the defendant for
the applicant. The defendant could not be personally served with the motion for
substitution. Consequently, on an ex parte application, an order for
substituted service of the said motion was granted. Eventually, the defendant
was substituted for the applicant. Again, other processes of the court could
not be effected on the defendant personally, and orders for substituted service
were granted and copies of all the relevant documents were posted at the paces
indicated. The defendant failed to enter appearance and judgment was entered
against her on 15 November 1971 for a declaration of title, recovery of
possession and damages for trespass. It is this judgment which the applicant is
asking the court to set aside.<o:p></o:p><o:p>&nbsp;</o:p>The
applicant’s main ground is that it was he who sold the land in dispute to the
defendant, and that as a vendor he was bound to defend the title of the
defendant; and the judgment, if allowed to stand, would eventually affect him
adversely. Counsel for the plaintiff has raised a preliminary objection to the
application. The basis of his said objection is that the applicant was not a
party to the judgment and cannot therefore apply to have it set aside.<o:p></o:p><o:p>&nbsp;</o:p>I think
the applicant cannot be said to be a party to the judgment in question.
Admittedly, he was the original defendant. But the defendant was regularly and
properly substituted in his place, after it had become clear that the applicant
had sold his interest in the land and left the country for good. The applicant
admits that he completely disposed of whatever interest he (the applicant) had
in the land to the defendant before leaving Ghana in pursuance of the said
Aliens Compliance Order.<o:p></o:p><o:p>&nbsp;</o:p>To my
mind, at the time judgment was entered, the applicant had no interest
whatsoever in the land in dispute, and I do not see how his interest is
adversely affected. He is a stranger to the judgment and he has not and cannot
acquire a locus standi in this matter.<o:p></o:p><o:p>&nbsp;</o:p>It is
well established that there are only two methods whereby a stranger to a
judgment who is adversely or injuriously affected can set it aside. That is, he
can obtain the defendant’s leave to use the defendant’s name and then apply in
the defendant’s said name to have the judgment set aside. Or where he cannot
use the name of the defendant, he can take out a summons in his own name to be
served on both the plaintiff and the defendant, asking to have the judgment set
aside and for him to intervene. See Jacques v. Harrison (1883) 12 Q.B.D. 136.<o:p></o:p>