MUSA ABASS VRS BENTUM ARKAAH & 2 ORS. (LD/0281/2024) [2024] GHAHC 193 (23 July 2024)

IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURT OF JUSTICE GHANA (LAND COURT 7) HELD IN ACCRA ON THE TUESDAY THE 23RD DAY OF JULY, 2024 BEFORE HIS LORDSHIP ALEXANDER OSEI TUTU (J.) SUIT NO. LD/0281/2024 MUSA ABASS :: PLT/RESPONDENT H/NO. 8, ASAFOATSE ARMAH STREET, SAKAMAN – ACCRA VRS BENTUMA ARKAAH :: 1ST DEFT/APPLICANT NO. 1, NII AMON KOTEY STREET, EAST LEGON – ACCRA MEDCO GENERAL DEVELOPERS TRADING LIMITED :: 2ND DEFENDANT PLOT 4, PA PLAZA , SPINTEX ROAD OPPOSITE, MELCOM – ACCRA LANDS COMMISSION :: 3RD DEFENDANT 2ND CIRCULAR, CANTONMENTS – ACCRA ================================================ PARTIES: PLAINTIFF ABSENT DEFENDANTS ABSENT 1 RULING DELIVERED BY ALEXANDER OSEI TUTU IN SUIT NO. LD/0281/2024 AT LAND COURT 7 ON 23RD DAY OF JULY, 2024 COUNSEL: EMMANUEL DWAMENA-ASARE ESQ. FOR PLAINTIFF/RESPONDENT PRESENT DORA OCQUAYE-NORTEY ESQ. FOR 1ST DEFENDANT/APPLICANT PRESENT ================================================ R U L I N G This Ruling is in respect of an Application by the 1st Defendant to dismiss the Plaintiff’s suit for Want of Jurisdiction and abuse of process of the Court under the inherent jurisdiction of the Court. The grounds of the Application are that the 1st Defendant in Suit No. LD/1218/2019 obtained Judgment against the 2nd Defendant by the High Court, Land Division, 6 on 1st of February, 2024. The 2nd Defendant did not take part in the proceedings, despite being served with notices. According to the 1st Defendant, the Court declared title in his favour by judicially affirming his Land Title Certificate granted her by the 3rd Defendant. The Plaintiff in the present suit is seeking to have the records of the 1st Defendant expunged from the records of the Lands Commission among others. The 1st Defendant believes the filing of a Writ by the Plaintiff in this suit amounts to a fundamental procedural lapse. He anchored the Application on LAMPTEY VRS. HAMMOND which espouses how a stranger affected by a Default Judgment can proceed to set it aside. I have carefully considered the arguments of both Counsel. It appears that the Plaintiff could not satisfactorily justify the procedure he has adopted in this case. On the strength of existing authorities, I am compelled to strike out the suit for Want of Jurisdiction. 2 RULING DELIVERED BY ALEXANDER OSEI TUTU IN SUIT NO. LD/0281/2024 AT LAND COURT 7 ON 23RD DAY OF JULY, 2024 Since the resolution of the issue of abuse of the Court’s processes is now academic and no useful purpose would be served in discussing it, I save my ink. (SGD.) H/L ALEXANDER OSEI TUTU J. JUSTICE OF THE HIGH COURT 3 RULING DELIVERED BY ALEXANDER OSEI TUTU IN SUIT NO. LD/0281/2024 AT LAND COURT 7 ON 23RD DAY OF JULY, 2024