BRENDA VERONICA WARREN & ANOR. vs. SAM OKUDJETO & 3 ORS [2014]DLSC6395

Date	2014-07-30
Suit No.	CIVIL APPEAL NO.J4/12/2014
Citation No.	[2014]DLSC6395

ADINYIRA (MRS) J.S.C. (PRESIDING)

YEBOAH J.S.C.

BONNIE J.S.C.

BAMFO (MRS) J.S.C.

AKAMBA J.S.C.

1ST PLAINTIFF APPEARS FOR HERSELF STEPHANIE AMATEIFIO ESQ. FOR THE 1ST & 3RD DEFENDANT/ RESPONDENT /RESPONDENT

AYIKOI OTOO ESQ. FOR THE CO-DEFENDANT/RESPONDENT/ RESPONDENT

[2014]DLSC6395
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													<main id="main" class="content" style="min-height: 60rem" >BRENDA VERONICA WARREN
&amp; ANOR.<o:p></o:p>[PLAINTIFFS/APPELLANTS /APPELLANTS]<o:p></o:p>vs.<o:p></o:p>SAM OKUDJETO &amp; 3 ORS<o:p></o:p>[DEFENDANTS/RESPONDENTS /RESPONDENTS]<o:p></o:p>[SUPREME
COURT, ACCRA]<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">

CIVIL APPEAL NO.J4/12/2014&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;DATE: 30THJULY, 2014<o:p></o:p>

AYIKOI
OTOO ESQ.&nbsp; FOR THE
CO-DEFENDANT/RESPONDENT/ RESPONDENT.<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>AKAMBA, JSC <o:p></o:p>This
interlocutory appeal lies from a ruling of the Court of Appeal of 27th March
2013 in which the court refused to grant the plaintiff/respondent/appellant
hereinafter simply the appellant leave to adduce fresh evidence at the hearing
of an appeal pending before the court. Dissatisfied with the ruling, the
appellant filed a notice of interlocutory appeal on 4th April 2013 in the
registry of the Court of Appeal raising six grounds for this court’s
determination. The notice of appeal also sought three reliefs namely; the
overturn of the ruling of the Court of Appeal, an order made allowing the
appellant to adduce new evidence in support of the original case in the
interest of justice and an order allowing the appellant to allege facts
essential to the issue that has come to the appellant’s knowledge after the
decision of the trial court and to adduce evidence in support of the allegation
in the interest of justice. <o:p></o:p>The
Appellant chose to preface her ‘statement of case’ with the list of authorities
cited.&nbsp; They are as follows: “ (1) The
Holy Bible (Revised Standard Version and The Gideon International);&nbsp; Deut. 16: 18-20 (RSV) ‘You shall appoint
judges and officers in all your towns which the Lord Your God gives you… and they
shall judge the people with righteous judgment. You shall not pervert justice;
you shall not show partiality; and you shall not take a bribe for a bribe
blinds the eyes of the wise and subverts the cause of the righteous. Justice,
and only Justice you shall follow, that you may inherit the land which the Lord
Your God gives you.”: Proverbs 21: 15 “It is a joy for the just to do justice,
but destruction will come to the workers of iniquity.”: Isa 30:18 “For the Lord
is a God of justice; blessed are all those who wait for Him.” <o:p></o:p>(2)
The Constitution of Ghana. <o:p></o:p>(3)
Poku v Poku [2007-2008] SCGLR, 996.” <o:p></o:p>One
would infer from a&nbsp; reading of the
‘authorities’ cited supra that the appellant has a measure of distrust for our
justice system and the only reason for this has to do with an alleged failure
to compile a correct record of events at the lower court as well as its refusal
to grant the applicant’s reliefs. It is important to remember that our courts
are not ecclesiastical courts rendering divine justice but ordinary secular
courts delivering justice according to mortal laws. We may falter or err but
the way forward is to climb the next ladder and plead your cause in accordance
with laid down man made rules. We certainly deprecate accusations or
insinuations of impropriety which have no substance but based upon pure
suspicion and mistrust. <o:p></o:p>We
are not overly surprised at the level of passions being shown in this suit in
view of the nature of the dispute which is centred on the appellants’
dissatisfaction with the provisions in a will concerning her mother’s estate. <o:p></o:p>However
in the pursuit of justice according to law, parties are obliged to observe
rules of decency and decorum, giving respect to all involved, in order for same
to be reciprocated. We refuse to be bogged down by any insinuations beyond
this, assuring ourselves to do justice without fear or favour, ill will or
affection and in accordance with the law. In any event where issues of
impropriety are established we would deal with them within the law.&nbsp; <o:p></o:p>BRIEF FACTS <o:p></o:p>Suit
number PD46/2003 was initiated by the 1st Defendant/Respondent, Sam Okudzeto
together with two others as the Executors of the will of Verna Eloise Warren
(deceased) seeking to prove the will in common form pursuant to order 1 of the
Probate and Administration Rules L.I 1515. The Defendant/Respondent shall
hereinafter be referred to as the Respondent whilst the Plaintiff/Appellant
shall simply be referred to as the Appellant. The Appellant entered a caveat
against the grant of probate and subsequently filed suit number FA70/2003
against the 1st Respondent and others, alleging fraud and undue influence on
the testatrix in the making of her will. The High Court, (Automated) Accra,
constituted by Justice Agnes Dordzie ordered the consolidation of the two
separate suits. However, hearing of the case came before Justice Ofoe, who
delivered judgment on 28th March 2006. The Appellant who was dissatisfied with
the decision filed an appeal on 3rd April 2006. She then applied for a stay of
execution which was granted by the trial judge on June 9th 2006. The hearing of
the appeal was delayed for several reasons. It was struck out for failure to
file written submissions and restored when it was proved that there had been
non service of process on the appellant. Eventually when the appellate court
was properly seized with the appeal, the Appellant filed on 20th February 2013
an application to adduce new evidence under rule 26 of CI 19. <o:p></o:p>