Agyarkwa Vrs Folagin & 4 Ors [2020] GHASC 102 (11 March 2020)

Agyarkwa Vrs Folagin & 4 Ors [2020] GHASC 102 (11 March 2020)

The High Court lacked jurisdiction to set aside its judgment more than one year after judgment and after execution had ended; the application was out of time and the court was functus officio. The order of 22 July 2011 and all subsequent proceedings are null and void. The proper procedure for any aggrieved party was to institute a fresh action, not to apply in the same case.

Citation
Agyarkwa Vrs Folagin & 4 Ors [2020] GHASC 102 (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, near Aburi); Defendant/respondent/respondent: James Folagin; Defendant/respondent/respondent: Esther Folagin; Defendant/respondent/respondent: William Folagin; Defendant/respondent/respondent: Madam Abena Kumah; Defendant/respondent/respondent: Bortefio Mensah
Court
ghasc
Jurisdiction
Ghana
Judgment Date
11 March 2020
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Setting Aside Judgments, Execution of Judgments, Natural Justice, Functus Officio, Time Limits for Applications
Source Language
eng
Civil Procedure Land Law Setting Aside Judgments Execution of Judgments Natural Justice Functus Officio Time Limits for Applications

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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, near Aburi)

Plaintiff/appellant/cross Appellant

James Folagin

Defendant/respondent/respondent

Esther Folagin

Defendant/respondent/respondent

William Folagin

Defendant/respondent/respondent

Madam Abena Kumah

Defendant/respondent/respondent

Bortefio Mensah

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

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 the same case
  2. 2 Whether subsequent proceedings after execution are valid if the original judgment is set aside out of time

Ratio Decidendi

The High Court lacked jurisdiction to set aside its judgment more than one year after judgment and after execution had ended; the application was out of time and the court was functus officio. The order of 22 July 2011 and all subsequent proceedings are null and void. The proper procedure for any aggrieved party was to institute a fresh action, not to apply in the same case.

Court Disposition

appeal allowed

Orders

  • Order of High Court dated 22 July 2011 set aside
  • All subsequent proceedings, including trial before Elizabeth Ankumah J and Court of Appeal judgment dated 23 May 2018, set aside as null and void