OWUSU vs. KUMAH AND ANOTHER [1984]DLCA958

Date	1984-07-09
Suit No.
Citation No.	[1984]DLCA958

APALOO C.J.

FRANCOIS

ABBAN J.A.

TSATSU TSIKATA FOR THE APPLICANT.

DR. PREMPEH FOR THE RESPONDENTS.

[1984]DLCA958
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													<main id="main" class="content" style="min-height: 60rem" ><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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OWUSU <o:p></o:p>

{COURT OF APPEAL, ACCRA} <o:p></o:p>

[1984-86] 2 GLR 29<o:p></o:p>

DATE:
9 JULY 1984<o:p></o:p>

</div><o:p>&nbsp;</o:p>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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TSATSU
TSIKATA FOR THE APPLICANT. <o:p></o:p>

DR.
PREMPEH FOR THE RESPONDENTS.<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;
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APALOO C.J., FRANCOIS AND ABBAN JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF APALOO C.J.<o:p></o:p>Apaloo
C.J. delivered the ruling of the court. In this matter, Opanin Kofi Owusu
(hereinafter called the applicant) moves to set aside a consent judgment given
by this court on 16 February 1981. Before stating the grounds on which this
order is sought, it is necessary to relate the facts on which it is based.<o:p></o:p><o:p>&nbsp;</o:p>On 23
June 1971 the applicant issued out of the District Magistrate Court, Obuasi a
writ in which he sought against one D. C. Kuma and Ama Donkor (hereinafter
called the respondents) “declaration of title, ¢200 damages for trespass and
injunction order restraining the defendants, e.t.c. from entering into” an
undescribed “fallow land.” The respondents for their part, counterclaimed
against the applicant and sought identical relief for land whose description is
again unclear. At the trial, however, it seems title to the whole of the land
of a village called Ataasi was put in issue by the parties.<o:p></o:p><o:p>&nbsp;</o:p>After
hearing evidence and conducting an inspection of the locus in quo, the
magistrate, on 4 April 1972, dismissed the applicant’s claim but entered
judgment for the respondents on their counterclaim and decreed in them title to
the land in dispute and also granted an injunction restraining the applicant,
his agents and servants from entering the land or in any manner interfering
with their “ownership, possession and occupation of the said land.”<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>The
applicant claiming to be aggrieved by that judgment, appealed to the High Court
and sought a reversal of the judgment. After hearing argument from counsel, the
High Court, Kumasi (Owusu Addo J.) on 30 June 1977 allowed the appeal and
reversed the judgment of the district court and found for the applicant.<o:p></o:p><o:p>&nbsp;</o:p>The
respondents for their part, appealed to this court on grounds of law and fact
and sought a restoration of the judgment of the district court. On 22 January
1980 the hearing of the appeal commenced before this court. On that day, Mr.
Akufo Addo for the respondents, addressed full argument to the court. He
continued and concluded his argument the following day. On that day, i.e. 23
January 1980, Mr. Totoe for the applicant then began his reply. It appears from
the record that he had not fully concluded his argument when the court
adjourned, presumably, for continuation. He never continued his argument and it
is a fair inference that he did not feel he was making much headway. The appeal
was again listed for continuation of argument on 10 November 1980. On that day,
counsel other than Mr. Totoe appeared for the applicant. He jointly with Mr.
Glover who was apparently holding brief for Mr. Akufo Addo, informed the court
that they were making efforts to settle. They therefore requested the court to
grant a short adjournment. To this, the court acceded.<o:p></o:p><o:p>&nbsp;</o:p>On 22
January 1981 a settlement was reached and signed jointly by Mr. Akufo-Addo and
Mr. Kwaw Swanzy whom the applicant in the meantime had briefed to succeed Mr.
Totoe in conducting the appeal. So when the suit was called before the court on
16 February 1981 the above-named counsel informed the court that the appeal was
settled on the terms which were filed in court. It is this consent judgment
that the</main>