Agyarkwa Vrs Folagin and Others [2020] GHASC 14 (11 March 2020)

Agyarkwa Vrs Folagin and Others [2020] GHASC 14 (11 March 2020)

Once judgment has been executed and the court is functus officio, it has no jurisdiction to set aside its own judgment in the same proceedings, especially where the application is filed out of time. The order of 22nd July 2011 and all subsequent proceedings are null and void. The proper procedure for an aggrieved party is to institute a fresh action.

Citation
Agyarkwa Vrs Folagin and Others [2020] GHASC 14 (11 March 2020)
Parties
Plaintiff/appellant/cross Appellant: Opanin E. K. Agyarkwa (substituted by Opanin Yaw Asare, suing as head and lawful representative of Tete Pa Ogya Agona Family of Adamorobe); 1st Defendant/respondent/respondent: James Folagin; 2nd Defendant/respondent/respondent: Esther Folagin; 3rd Defendant/respondent/respondent: William Folagin; 4th Defendant/respondent/respondent: Madam Abena Kumah; 5th Defendant/respondent/respondent: Bortefio Mensah
Court
ghasc
Jurisdiction
Ghana
Judgment Date
11 March 2020
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed; order of 22nd July 2011 and all subsequent proceedings set aside; judgment and orders of first trial High Court restored.
Legal Topics
Setting Aside Judgments, Functus Officio, Execution of Judgments, Natural Justice, Default Judgments, Jurisdiction, Land Title, Trespass
Source Language
eng
Civil Procedure Land Law Setting Aside Judgments Functus Officio Execution of Judgments Natural Justice Default Judgments Jurisdiction +2 more

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Parties

Opanin E. K. Agyarkwa (substituted by Opanin Yaw Asare, suing as head and lawful representative of Tete Pa Ogya Agona Family of Adamorobe)

Plaintiff/appellant/cross Appellant

James Folagin

1st Defendant/respondent/respondent

Esther Folagin

2nd Defendant/respondent/respondent

William Folagin

3rd Defendant/respondent/respondent

Madam Abena Kumah

4th Defendant/respondent/respondent

Bortefio Mensah

5th Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the High Court could lawfully set aside its judgment more than one year after judgment and after execution had ended, in an application brought in the same case.
  2. 2 Whether the order of 22nd July 2011 and all subsequent proceedings were null and void.

Ratio Decidendi

Once judgment has been executed and the court is functus officio, it has no jurisdiction to set aside its own judgment in the same proceedings, especially where the application is filed out of time. The order of 22nd July 2011 and all subsequent proceedings are null and void. The proper procedure for an aggrieved party is to institute a fresh action.

Court Disposition

Appeal allowed; order of 22nd July 2011 and all subsequent proceedings set aside; judgment and orders of first trial High Court restored.

Orders

  • Order of High Court dated 22nd July 2011 set aside.
  • All subsequent proceedings, including High Court trial before Elizabeth Ankumah J, her judgment dated 17th February 2015, and Court of Appeal judgment dated 23rd May 2018, set aside as null and void.