GLADYS OWUSU COFFIE -VRS-HEAD OF FAMILY GILBERT JOHNSON [2022] GHACA 92 (31 March 2022)

GLADYS OWUSU COFFIE -VRS-HEAD OF FAMILY GILBERT JOHNSON [2022] GHACA 92 (31 March 2022)

The appeal was allowed because there was no valid service of the Writ of Summons or subsequent processes on the Head of Family, as required by law. The person purportedly served was either deceased or unidentified, and no Head of Family existed at the time. This amounted to a breach of natural justice, rendering the judgment and all subsequent proceedings a nullity.

Citation
[2022] GHACA 92
Parties
Plaintiff/respondent: Madam Gladys Owusu Cofie; 1st Defendant/appellant: The Head of Family Gilbert Johnson Family; 2nd Defendant/respondent: The Chief Land Registrar
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
31 March 2022
Procedural Posture
Civil Appeal / Judgment on Appeal From Refusal to Set Aside Default Judgment
Outcome
Appeal allowed; High Court judgment and all consequential orders set aside.
Legal Topics
Service of Process, Default Judgment, Natural Justice, Title to Land, Setting Aside Judgment
Source Language
English
Civil Procedure Land Law Service of Process Default Judgment Natural Justice Title to Land Setting Aside Judgment

Case Brief

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Parties

Madam Gladys Owusu Cofie

Plaintiff/respondent

The Head of Family Gilbert Johnson Family

1st Defendant/appellant

The Chief Land Registrar

2nd Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Refusal to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be set aside for non-service of process and breach of natural justice
  2. 2 Whether the judgment was a nullity due to lack of proper service on the Head of Family
  3. 3 Whether the High Court erred in refusing to set aside the judgment

Ratio Decidendi

The appeal was allowed because there was no valid service of the Writ of Summons or subsequent processes on the Head of Family, as required by law. The person purportedly served was either deceased or unidentified, and no Head of Family existed at the time. This amounted to a breach of natural justice, rendering the judgment and all subsequent proceedings a nullity.

Court Disposition

Appeal allowed; High Court judgment and all consequential orders set aside.

Orders

  • The ruling/decision of the High Court dated 20/6/2014 is set aside.
  • Any interlocutory judgment prior to the final judgment is set aside.