KLU vs. KWANTRENG AND OTHERS [1989]DLHC619

Date	1989-12-18
Suit No.
Citation No.	[1989]DLHC619

LAMPTEY J.A.

E. K. NARTER-OLAGA FOR THE DEFENDANT-APPLICANT

PETER ADJETEY FOR THE PLAINTIFF-RESPONDENTS.

[1989]DLHC619
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >KLU <o:p></o:p>vs. <o:p></o:p>KWANTRENG AND OTHERS<o:p></o:p>HIGH COURT, ACCRA <o:p></o:p>[1989-90] 1 GLR 135<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
18
DECEMBER 1987<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">

E. K. NARTER-OLAGA FOR THE DEFENDANT-APPLICANT.<o:p></o:p>

PETER ADJETEY FOR THE PLAINTIFF-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;
padding:0in 0in 0in 0in">

LAMPTEY J.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF LAMPTEY J.A.<o:p></o:p>Some time
in 1970 the plaintiffs herein, Nii Amaa Kwantreng II and others, took action
against the defendant, Numo Adjei Nkpa Klu, for a declaration of title to a
tract of land fully described in the writ of summons and also for ancillary
reliefs. In due course, the case was heard on the merits by Hayfron-Benjamin J.
(as he then was). The learned trial judge gave judgment for the defendant and
dismissed the action of the plaintiffs some time in 1975. The plaintiffs were
aggrieved by the decision of the trial court, appealed against it to the Court
of Appeal on 25 April 1975.<o:p></o:p><o:p>&nbsp;</o:p>It would
appear that the plaintiff felt there was unreasonable delay in the listing of
their appeal for hearing. They therefore on 28 June 1978 wrote a petition to
the Chief Justice in the matter of their appeal. In reply to that petition one
S. A. Owusu wrote for the Judicial Secretary to the petitioners, informing
them, inter alia, that “The circumstances surrounding your petition are being
referred to the Court of Appeal which will decide what action to take.” (The
emphasis is mine.) This reply was dated 19 April 1979, that is to say it was
sent some ten months after the petition was received. The petitioners waited
for a period of one year and because they did not receive any hearing notice from
the Court of Appeal, they sent yet another petition to the Chief Justice on 4
March 1980. This petition contained a wealth of information; some of which I
must reproduce in order that a proper appreciation of the complaint made by the
petitioners would be made. These are:<o:p></o:p><o:p>&nbsp;</o:p>&nbsp;“Your Lordship may be surprised to learn that
up till now the appeal has not materialised because Mr. Justice
Hayfron-Benjamin has not released his judgment to the High Court registry to
facilitate the typing of the record of appeal for onward transmission to the
Court of Appeal. Upon inquiries, I learnt that the judge who is now in Botswana
has been written to long ago to send over the judgment to Accra but up to now
he has not even acknowledged receipt of the letter . . . It has come to my
notice that the court docket on this case cannot be traced . . . In the
circumstances I humbly crave your lordship’s indulgence to use your good
offices to direct that the case be tried de novo in the High Court . . .”<o:p></o:p><o:p>&nbsp;</o:p>In the
light of the matters contained in the above petition the acting Judicial
Secretary, S. A. Owusu, wrote on 9 February 1981 to the Senior Registrar, High
Court, Accra, inter alia, as follows: “Following a petition by the plaintiffs,
the Chief Justice has directed that the above case should be tried de novo.”
The reason given for the above decision reached by the Chief Justice was stated
as follows: “The Chief Justice himself instituted an investigation with the aim
of recovering the judgment but, having failed to recover it, was obliged to
order a retrial.”<o:p></o:p><o:p>&nbsp;</o:p>In
obedience to the instruction of the Chief Justice, the case was restored to the
cause list of the High Court, Accra for it to be heard and determined on the
merits. In my view, it is not important to ascertain when the case was restored
to the cause list. What is important was a petition dated 8 December 1986 sent
by the defendant to the Chief Justice. I reproduce portions of this petition as
follows:<o:p></o:p>“I
petition the Chief Justice not to allow the case to be tried again. Our lawyer
who did the case for us in the High Court told us the case will be tried again
but we did not agree . . . Please, Chief Justice we want you to come to our aid
because it is unkind to hear the case again. God is watching all of us and he
will help those who are right.”<o:p></o:p><o:p>&nbsp;</o:p>It would
appear that the defendant did not receive any reply from the Chief Justice. On
16 October 1987 Mr. Narter-Olaga, solicitor for the defendant, filed a motion
on notice seeking an order of this court to strike out the action of the
plaintif</main>