GODFRED NII ARMAH TAGOE VRS SUCCOTH LIMITED & 5 ORS. (FAL/66/2009) [2024] GHAHC 134 (22 April 2024)

IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURT OF JUSTICE GHANA (LAND COURT 7) HELD IN ACCRA ON THE MONDAY, THE 22ND DAY OF APRIL, 2024 BEFORE HIS LORDSHIP ALEXANDER OSEI TUTU (J.) SUIT NO. FAL/66/2009 GODFRED NII ARMAH TAGOE (Sub. By RICHARD ARMAH NII TAGOE then subsequently :: PLAINTIFF substituted by SAMUEL AMARTEY TAGOE suing on behalf of NII AYI KWAO FAMILY OF NSUMIA) VRS. 1. SUCCOTH LIMITED 2. SAMUEL ADDO GYEBI (DECEASED) 3. LANDS COMMISSION 4. SUPREME GENESIS INVESTMENTS LIMITED 5. ABUSUAPAYIN JOSEPH OPARE 6. NII TEIKO TAWIAH TAGOE :: :: :: :: :: 1ST DEFENDANT 2ND DEFENDANT 3RD DEFENDANT :: 4TH DEFENDANT 5TH DEFENDANT 6TH DEFENDANT Substituted by SAMUEL AMATEY TAGOE on behalf of NII NII AYI KWAO TAGOE FAMILY OF ADJEN KOTOKU & ACCRA PARTIES: PLAINTIFF PRESENT 1ST DEFENDANT REPRESENTED BY ROBERT CLOTTEY 2ND DEFENDANT DECEASED 3RD AND 4TH DEFENDANTS ABSENT 5TH DEFENDANT PRESENT 6TH DEFENDANT PRESENT 1 RULING DELIVERED BY JUSTICE ALEXANADER OSEI TUTU (J.) IN SUIT NO. FAL/66/2009 AT LAND COURT ‘7’ ON 22ND DAY OF APRIL, 2024 LEGAL REPRESENTATION: GEORGE ANKOMA MENSAH WITH KWAME OWUSU, JACQUELINE AMANIAPONG AND PORTIA BOSOMPIM FOR PLAINTIFF PRESENT FRANK YANKEY FOR 1ST DEFENDANT PRESENT ALHAJI FAROUK SEIDU FOR 4TH DEFENDANT ABSENT SOLOMON COLLINS ESHUN FOR 5TH DEFENDANT PRESENT VICTOR OCANSEY FOR 6TH DEFENDANT PRESENT ==================================================== R U L I N G Order 36 (8) speaks in general terms in respect of documents tendered as exhibits and cannot override Order 26 of C. I. 47 which deals specifically with the Court Expert Witness. The authorities cited by learned Counsel, all relate to proceedings under the old High Court Rules, LN 140 A of 1954. Order 26 of C. I. 47 is a novel provision and as noted by the learned Judge and writer, Sir Dennis Adjei at page 223 of his book (Land Law Practice and Conveyancing 3rd Edition). The learned author further stated at page 222 thus: “The Report by the Court Expert is deemed to be evidence admitted by the Court without any formal introduction by the Court or a party. The Expert is not required to give evidence unless a party who is served with a copy of the Expert’s Report applies to the Court within fourteen (14) days after service of the Report that the expert must appear in Court to be cross-examined. The Court after hearing the application may order that the Expert be cross-examined by the parties either at the trial or before an examiner at such time and place as may be specified in the Order. The Expert who is called is neither led in evidence – in – chief nor re-examined”. The current position of the law was espoused in ABUDULAI BRAIMAH VRS. ADISA GBANKULSL [2016] 92 GMJ 107 AT PAGE 118 by the Court of Appeal thus: 2 RULING DELIVERED BY JUSTICE ALEXANADER OSEI TUTU (J.) IN SUIT NO. FAL/66/2009 AT LAND COURT ‘7’ ON 22ND DAY OF APRIL, 2024 “Having agreed on the Expert Witness and having received a copy of the Report of the Expert Witness, if Counsel for the Appellant desired to cross-examine the witness even though the witness did not give evidence in Court, there was an avenue opened to him which he did not take advantage of. Since there is no indication that Counsel for the Appellant applied to Court to cross-examine the said witness, the Report was rightly deemed to have been in evidence without formal introduction by the Court or any party and also without any objection” In the circumstance, I am unable to agree with learned Counsel on his submission that the Surveyor should tender his Report formally for it to be marked when it is already deemed to be in evidence by the operation of law. (SGD.) H/L ALEXANDER OSEI TUTU JUSTICE OF THE HIGH COURT REFERENCES CASES CITED ABUDULAI BRAIMAH VRS. ADISA GBANKULSL [2016] 92 GMJ 107 AT PAGE 118 CA 3 RULING DELIVERED BY JUSTICE ALEXANADER OSEI TUTU (J.) IN SUIT NO. FAL/66/2009 AT LAND COURT ‘7’ ON 22ND DAY OF APRIL, 2024 ENACTMENT 1. OLD HIGH COURT RULES, LN 140 A OF 1954 2. ORDER 26 OF C. I. 47 3. LAND LAW PRACTICE AND CONVEYANCING 3RD EDITION 4 RULING DELIVERED BY JUSTICE ALEXANADER OSEI TUTU (J.) IN SUIT NO. FAL/66/2009 AT LAND COURT ‘7’ ON 22ND DAY OF APRIL, 2024