RANA MOTORS & METAL WORKS ENGINEERING CO. LTD & ANOR. VRS CEASAR JOANA & 3 ORS. (LD/0263/2024) [2024] GHAHC 197 (11 June 2024)

IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE LAND COURT HELD IN ACCRA ON TUESDAY THE 11TH DAY OF JUNE, 2024 BEFORE HIS LORDSHIP ALEXANDER OSEI TUTU (J.) SUIT NO. LD/0263/2024 RANA MOTORS & METAL WORKS ENGINEERING CO. LTD EAKAZA LIMITED :: PLAINTIFFS/APPLICANTS GRAPHIC ROAD – ACCRA VRS CAESAR JOANA :: 1ST DEFENDANT/RESPONDENT H/NO. 11/12, TESHIE NUNGUA– ACCRA MARGARET LILIAN NTIM :: 2ND DEFENDANT ACCRA BENJAMIN AGGREY NTIM :: 3RD DEFENDANT ACCRA SAMUEL VAZMARK VOEGBORLO :: 4TH DEFENDANT BE 35, FREEDOM ROAD NUNGUA ACCRA GZ – 040 – 0133 ================================================= PARTIES: PLAINTIFFS/APPLICANTS REPRESENTED BY EBENEZER AKOTUAH 1ST DEFENDANT/RESPONDENT REPRESENTED BY THEOPHILUS TEIKO TAGOE 2ND TO 4TH DEFENDANTS ABSENT COUNSEL: 1 RULING DELIVERED BY J. ALEXANDER OSEI TUTU IN SUIT NO. 0263/2024 AT LAND COURT ‘7’ ON 11TH DAY OF JUNE, 2024 KUSI PATRICK ADU-AMANKWAH ESQ., WITH NANA AMA COMMEY ESQ., PLAINTIFFS/APPLICANTS PRESENT EMMANUELLA DOWUONA ESQ., WITH DEBORAH BART- PLANGE ESQ., HOLDING BRIEF O. K. OSAFO BUABENG ESQ., FOR 1ST DEFENDANT/RESPONDENT PRESENT ================================================= R U L I N G The Application for Summary Judgment is refused so far as the 1st Defendant has now filed his Statement of Defence, albeit out of time and even though without the leave of the Court. In the case of THE REPUBLIC VRS HIGH COURT (COMMERCIAL DIVISION) ACCRA, EX–PARTE PART HOLDING COMPANY LTD [2013–2014] 2 SCGLR 1219, the Supreme Court per His Lordship Anin Yeboah JSC (as he then was) held “in the light of different judicial authorities, it must be concluded that a Court cannot disregard a Statement of Defence filed out of time a nullity. As a matter of obligation the Court is bound to look at it and deal with it in such a manner that justice can be done. By extension, a trial Judge is bound by settled practice above to consider the Statement of Defence even though it was filed out of time set by the rules of the Court”. (See also NANA AMPOFO KYEI BARFOUR VRS JUSMOH CONSTRUCTION COMPANY LTD AND OTHERS [2017] 113 GMJ 118 AT PAGE 146 AND THE REPUBLIC VRS HIGH COURT AND ANOTHER; EX– PARTE OHENE [1995–96] GLR 1 at pages 6–7, Supreme Court Granted the Defendant and even failed to file defence, I doubt whether it would have been wrong for the Court to grant him leave to do so if he had demonstrated that he has a reasonable defence. In the case of BALLAST NEDAM GHANA BV VRS HORIZON MARINE CONSTRUCTION LTD [2010] SCGLR 435 the Supreme Court held that “although the procedure for Summary Judgment under Order 14 of C. I. 47 enables the Plaintiff to obtain a speedy and Summary Judgment without a trial even in cases where the Defendant to the action expresses an intention to defend the action, the Court may only grant the application in cases where the Defendant is made to set up a good defence or raise an issue which sought to be tried” . 2 RULING DELIVERED BY J. ALEXANDER OSEI TUTU IN SUIT NO. 0263/2024 AT LAND COURT ‘7’ ON 11TH DAY OF JUNE, 2024 Finally, since the reliefs sought by the Plaintiff includes perpetual injunction which the title of the plaintiff is in issue, the Court cannot grant such an application without going to trial. (See ROCHER DE GRANT AND ORS VRS BANK OF GHANA CIVIL APPLICATION NO. J4/51/2015, SC AND AYIKU IV VRS AG AND ANOR [2009] 5 GMJ, 148 at 972 C.A. Accordingly, the instant Application is dismissed. (SGD.) H/L ALEXANDER OSEI TUTU JUSTICE OF THE HIGH COURT REFERENCES: CASES: 1. NANA AMPOFO KYEI BARFOUR VRS JUSMOH CONSTRUCTION COMPANY LTD AND OTHERS [2017] 113 GMJ 118 2. THE REPUBLIC VRS HIGH COURT AND ANOTHER; EX – PARTE OHENE [1995–96] GLR 1 3. ROCHER DE GRANT AND ORS VRS BANK OF GHANA CIVIL APPLICATION NO. J4/51/2015, SC 4. AYIKU IV VRS AG AND ANOR [2009] 5 GMJ, 148 at 972 C.A. 5. THE REPUBLIC VRS HIGH COURT (COMMERCIAL DIVISION) ACCRA, EX–PARTE PART HOLDING CO. LTD [2013–2014] 2 SCGLR 1219 6. BALLAST NEDAM GHANA BV VRS HORIZON MARINE CONSTRUCTION LTD [2010] SCGLR 435 3 RULING DELIVERED BY J. ALEXANDER OSEI TUTU IN SUIT NO. 0263/2024 AT LAND COURT ‘7’ ON 11TH DAY OF JUNE, 2024 4 RULING DELIVERED BY J. ALEXANDER OSEI TUTU IN SUIT NO. 0263/2024 AT LAND COURT ‘7’ ON 11TH DAY OF JUNE, 2024