Acheampong Vrs Yaa and Others [2020] GHASC 34 (5 February 2020)

Acheampong Vrs Yaa and Others [2020] GHASC 34 (5 February 2020)

The trial court exercised its discretion fairly and judicially in refusing the appellant leave to reinstitute the action after discontinuance, considering the protracted litigation, hardship to defendants, and the appellant's opportunity to regularize pleadings. There were no exceptional circumstances warranting appellate interference.

Citation
Acheampong Vrs Yaa and Others [2020] GHASC 34 (5 February 2020)
Parties
Plaintiff/appellant/appellant: Mrs. Margaret Yaa Ntiriwa Achiampong; Defendant/respondent/respondent: Obaapayin Aba Yaa (substituted for Araba Adawoma); Defendant/respondent/respondent: Anthony Andoh; Defendant/respondent/respondent: Ama Nkrumah; Defendant/respondent/respondent: Serwaah; Defendant/respondent/respondent: Nana Kwabena; Defendant/respondent/respondent: Kwaku Awa
Court
ghasc
Jurisdiction
Ghana
Judgment Date
5 February 2020
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Discontinuance of Action, Leave to Reinstitute Action, Exercise of Judicial Discretion, Title to Land, Title to House, Customary Succession
Source Language
eng
Civil Procedure Property Law Discontinuance of Action Leave to Reinstitute Action Exercise of Judicial Discretion Title to Land Title to House Customary Succession

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Parties

Mrs. Margaret Yaa Ntiriwa Achiampong

Plaintiff/appellant/appellant

Obaapayin Aba Yaa (substituted for Araba Adawoma)

Defendant/respondent/respondent

Anthony Andoh

Defendant/respondent/respondent

Ama Nkrumah

Defendant/respondent/respondent

Serwaah

Defendant/respondent/respondent

Nana Kwabena

Defendant/respondent/respondent

Kwaku Awa

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the trial court and Court of Appeal failed to consider the evidence adequately to do justice to the case
  2. 2 Whether the trial court exercised its discretion fairly in refusing leave to reinstitute the action

Ratio Decidendi

The trial court exercised its discretion fairly and judicially in refusing the appellant leave to reinstitute the action after discontinuance, considering the protracted litigation, hardship to defendants, and the appellant's opportunity to regularize pleadings. There were no exceptional circumstances warranting appellate interference.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed as without merit.
  • No leave granted to reinstitute the action.