WOOD VRS MENSAH (H1/139/2018) [2020] GHACA 23 (28 May 2020)

WOOD VRS MENSAH (H1/139/2018) [2020] GHACA 23 (28 May 2020)

The trial judge erred in dismissing the appellant’s case at the interlocutory stage without giving her an opportunity to be heard, particularly on the issue of fraud which was not pleaded or proved. This was a breach of natural justice and an improper exercise of discretion, warranting the setting aside of the...

Source-derived case information.

Citation
[2020] GHACA 23
Parties
Plaintiff/appellant: Mrs Naomi Wood; Defendant/respondent: Regina Mensah
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
28 May 2020
Case Number
H1/139/2018
Procedural Posture
Civil Appeal Land Dispute / Appeal From High Court (land Division) to Court of Appeal
Outcome
Appeal allowed; judgment of the lower court set aside; retrial ordered.
Legal Topics
Title to Land, Trespass, Injunctions, Natural Justice, Fraud in Civil Proceedings
Source Language
english
Land Law Civil Procedure Title to Land Trespass Injunctions Natural Justice Fraud in Civil Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs Naomi Wood

Plaintiff/appellant

Regina Mensah

Defendant/respondent

Procedural Posture

Civil Appeal Land Dispute / Appeal From High Court (land Division) to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in dismissing the plaintiff's action at the interlocutory stage without a full hearing
  2. 2 Whether the trial judge erred in raising and determining fraud proprio motu without it being pleaded or proved
  3. 3 Whether the summary dismissal denied the appellant the right to be heard

Ratio Decidendi

The trial judge erred in dismissing the appellant’s case at the interlocutory stage without giving her an opportunity to be heard, particularly on the issue of fraud which was not pleaded or proved. This was a breach of natural justice and an improper exercise of discretion, warranting the setting aside of the judgment and an order for retrial.

Court Disposition

Appeal allowed; judgment of the lower court set aside; retrial ordered.

Orders

  • Judgment of the High Court (Land Division) is set aside.
  • The suit is remitted for retrial.