Barfour Vrs Justmoh Contrustuction Co Ltd and Others [2017] GHASC 23 (14 June 2017)

Barfour Vrs Justmoh Contrustuction Co Ltd and Others [2017] GHASC 23 (14 June 2017)

The Supreme Court held that the 5th Defendant was not notified of the assessment of damages, violating the audi alteram partem rule, and that the trial court's order regarding time for filing defence was ambiguous and not in line with the rules. The late filing of the statement of defence was regularized by the trial court's subsequent orders. There was no fraud, and procedural errors did not occasion a miscarriage of justice. The appeal was dismissed and the judgment of the Court of Appeal affirmed.

Citation
[2017] GHASC 23
Parties
Plaintiff/respondent/appellant: Nana Ampofo Kyei Baffour (suing per his lawful attorney Nana Antwi Fosuhene 1, Asawasehene Asem Kyidomhene of Asem Palace, Kumasi); Defendant: Justmoh Construction Co. Ltd.; Defendant: Despite Company Limited; Defendant: Yaa Serwaa; Defendant: Eggs Sellers Association Ltd.; 5th Defendant/appellant/respondent: Ghana Railway Development Authority
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 June 2017
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed; judgment of the Court of Appeal affirmed; case remitted to the High Court for hearing on the merits.
Legal Topics
Default Judgment, Filing Out of Time, Audi Alteram Partem, Solicitor's Licence, Abuse of Process
Source Language
English
Civil Procedure Land Law Default Judgment Filing Out of Time Audi Alteram Partem Solicitor's Licence Abuse of Process

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Parties

Nana Ampofo Kyei Baffour (suing per his lawful attorney Nana Antwi Fosuhene 1, Asawasehene Asem Kyidomhene of Asem Palace, Kumasi)

Plaintiff/respondent/appellant

Justmoh Construction Co. Ltd.

Defendant

Despite Company Limited

Defendant

Yaa Serwaa

Defendant

Eggs Sellers Association Ltd.

Defendant

Ghana Railway Development Authority

5th Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the assessment of damages was conducted without notice to the 5th Defendant, violating the audi alteram partem rule
  2. 2 Whether the 5th Defendant's statement of defence filed out of time without leave was a nullity
  3. 3 Whether the Court of Appeal erred in its findings regarding fraud, abuse of process, and procedural compliance

Ratio Decidendi

The Supreme Court held that the 5th Defendant was not notified of the assessment of damages, violating the audi alteram partem rule, and that the trial court's order regarding time for filing defence was ambiguous and not in line with the rules. The late filing of the statement of defence was regularized by the trial court's subsequent orders. There was no fraud, and procedural errors did not occasion a miscarriage of justice. The appeal was dismissed and the judgment of the Court of Appeal affirmed.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal affirmed; case remitted to the High Court for hearing on the merits.

Orders

  • Appeal dismissed
  • Judgment of the Court of Appeal affirmed