DR. EBENEZER BADOE vs. EDWARD FRIMPONG [2016]DLCA4634

Date	2016-01-28
Suit No.	CIVIL APPEAL NO.H1/112/2015
Citation No.	[2016]DLCA4634

MARIAMA OWUSU JA (PRESIDING)

ADUAMA OSEI JA

TANKO AMADU JA

[2016]DLCA4634
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													<main id="main" class="content" style="min-height: 60rem" >DR. EBENEZER BADOE&nbsp; <o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>EDWARD FRIMPONG <o:p></o:p>(DEFENDANT/APPELLANT)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL APPEAL NO.H1/112/2015&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: 28TH JANUARY,
2016<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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MARIAMA OWUSU JA (PRESIDING), ADUAMA
OSEI JA, TANKO AMADU JA<o:p></o:p>

</div>&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;<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGMENT<o:p></o:p>

</div>ADUAMA OSEI<o:p></o:p>On the 6th
of November, 2006, the Plaintiff/Respondent, hereinafter called “the Respondent”, caused a writ of summons to be issued in the High
Court, Accra, claiming a declaration of title to land and other reliefs against
the Defendant/Appellant, hereinafter called “the Appellant”. On the
29th of November, 2006, the Appellant caused an appearance to be
entered for him. No statement of defence was however filed on his behalf.<o:p></o:p><o:p>&nbsp;</o:p>The
record of appeal shows that on the 12th of February, 2007, there was
a proceeding before the High Court in which final judgment was purportedly
entered in favour of the Respondent against the Appellant, granting the
Respondent all the reliefs claimed by him.<o:p></o:p><o:p>&nbsp;</o:p>Strangely
however, on the 23rd of March, 2007, over a month after final
judgment was supposedly entered in favour of the Respondent against the
Appellant, an application was filed in the High Court for leave to enter
interlocutory judgment against the Appellant. The return date for that application
was 3rd April, 2007. It appears however that the application was
rather heard on the 17th of April, 2007. <o:p></o:p><o:p>&nbsp;</o:p>The
record of appeal shows a proceeding in the High Court in which interlocutory
judgment was entered for the Respondent against the Appellant on 17th
April, 2007. After the interlocutory judgment was entered, the matter was
adjourned to 11th May, 2007 for damages to be assessed. Indeed,
there is in the record of appeal an entry of interlocutory judgment which was
filed on 7th March, 2007, and which served notice that a hearing
would take place on Friday, 11th May, 2007.<o:p></o:p><o:p>&nbsp;</o:p>From my
review of the record, there does not appear to be any basis for the proceeding
in the High Court on the 12th of February, 2007, in which final
judgment was purportedly entered in favour of the Respondent against the
Appellant. Since that proceeding has nothing to stand on for its validity, I
will set it aside. &nbsp;<o:p></o:p><o:p>&nbsp;</o:p>As
observed above, on 17th April, 2007, interlocutory judgment was
entered against the Appellant in favour of the Respondent and the matter was
adjourned to 11th May, 2007 for damages to be assessed. The entry of
judgment filed gave notice that damages would be assessed on the 11th
of May, 2007. There is however no indication from the record that on the 11th
of May, 2007, there was an assessment of damages. There is however record of a
proceeding in the High Court which purports to have taken place on 18th
April, 2008. I say “purports”
because the “8” in “2008” is in ink and that has not been
authenticated. It is not known who inserted the “8” and there is no indication of the authority on which it was
inserted.<o:p></o:p><o:p>&nbsp;</o:p>