REPUBLIC VRS HIGH COURT, (LAND DIVISION), ACCRA EXPARTE: ABDULAI YAHYA & ORS (J5/33/2018 ) [2018] GHASC 92 (29 May 2018);

Flynote: 
Property Law

29-05-2018

IN THE SUPERIOR COURT OF JUDICATURE, THE SUPREME COURT (CIVIL DIVISION) SITTING
IN ACCRA ON TUESDAY THE 29TH DAY OF MAY 2018.

CORAM: ADINYIRA JSC (PRESIDING), YEBOAH, BAFFOE-BONNIE, APPAU &
PWAMANG JJSC.

THE REPUBLIC

VRS
HIGH COURT, (LAND DIVISION), ACCRA EXPARTE: ABDULAI YAHYA & ORS.

Applicants present Asafoaste Odoi Ill representing the pt Interested party
Thomas Hughes for the applicants with him Suleman Disu.
Adjei Lartey for the 1st Interested party.

CIVIL MOTION
NO. J5/33/2018

Adjei Lartey: I am withdrawing the preliminary legal objection to the application.
Court: The preliminary legal objection is struck out as withdrawn.
Hughes: The judgment was a nullity as it breached the rules of natural justice, as they were
in full possession of the land, and had land title certificates to the lands, we were not
served with any process in respect of the case nor notified with the pendency of the suit
before the High Court. The 1st Interested party knew we were on the land and did not give
us notice of the suit. The area we occupy consiste.d of 45, 000 acres of land. VVe had notice
of the judgment in February, 2018 and then v,.;e flied the application. The Defendant in that
suit is unknown to us and owns no land in the arqa.
Lartey: I have nothing to say. I leave everything in the hands of the Court.
By Court: After listening to counsel on both sides and .considering the affidavits and
statements filed as well, we are satisfied that this is a proper case to exercise our discretion
in favour of the applicants. Accordingly we grant the application for certiorari and we order
that the judgment of the High Court, Accra Land Division (4) presided over by Asuman Adu
J be brought in to be quashed and it is hereby quashed.
Hughes: We ask for costs of GH¢ 30,000. Lartey: We offer them cost of GH¢ 2, 000
BY COURT:
The applicants are awarded costs of GH¢ 5,000 against the Great Ningo Traditional Council.

 

(SGD) S. 0. A. ADINYIRA (MRS)
JUSTICE OF THE SUPREME COURT
(SGD) ANIN-YEBOAH
JUSTICE OF THE SUPREME COURT
(SGD) P. BAFFOE-BONNIE
JUSTICE OF THE SUPREME COURT
(SGD) YAW APPAU
JUSTICE OF THE SUPREME COURT
SGD) G. PWAMANG
JUSTICE OF THE SUPREME COURT

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