EMMANUEL JUSTUS BRIANDT VRS NANA KWASI ANKRAH III (J4/63/2022) [2024] GHASC 24 (19 June 2024)

EMMANUEL JUSTUS BRIANDT VRS NANA KWASI ANKRAH III (J4/63/2022) [2024] GHASC 24 (19 June 2024)

The trial court's failure to serve notice to the plaintiff after striking out his action and proceeding to hear the counterclaim constituted a serious procedural unfairness and breach of natural justice, warranting the setting aside of the judgments below and ordering a retrial with relistment of the plaintiff's case.

Citation
EMMANUEL JUSTUS BRIANDT VRS NANA KWASI ANKRAH III (J4/63/2022) [2024] GHASC 24 (19 June 2024)
Parties
Plaintiff/appellant: Emmanuel Justus Briandt; Defendant/respondent: Nana Kwasi Ankrah III
Court
ghasc
Jurisdiction
Ghana
Judgment Date
19 June 2024
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Natural Justice, Striking Out Actions, Relistment, Counterclaim, Right to Appeal, Land Ownership
Source Language
eng
Civil Procedure Property Law Natural Justice Striking Out Actions Relistment Counterclaim Right to Appeal Land Ownership

Case Brief

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Parties

Emmanuel Justus Briandt

Plaintiff/appellant

Nana Kwasi Ankrah III

Defendant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the trial court violated rules of natural justice by striking out the plaintiff's case and proceeding without notice to him on the counterclaim
  2. 2 Whether the plaintiff was denied the opportunity to cross-examine defendant's witnesses and defend the counterclaim
  3. 3 Whether the trial court's dismissal of the relistment application foreclosed the plaintiff's right to have his case heard on the merits

Ratio Decidendi

The trial court's failure to serve notice to the plaintiff after striking out his action and proceeding to hear the counterclaim constituted a serious procedural unfairness and breach of natural justice, warranting the setting aside of the judgments below and ordering a retrial with relistment of the plaintiff's case.

Court Disposition

appeal allowed

Orders

  • Judgments of the High Court dated 11th December 2019 and Court of Appeal dated 21st July 2022 set aside
  • Ruling of the High Court dated 25th November 2019 dismissing relistment application set aside