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NII OKAIDJA III, PERCY OKOE ADDY AND OKOE ARYEE
V.
NII TETTEY AHINAKWA II AND THOMAS OKINE

(2010) JELR 68485 (SC)

Supreme Court 29 Apr 2010 Ghana
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- Supreme Court held that failure to comply with the prescribed procedure (application by motion under Order 81 of CI 47) in challenging execution of a writ of possession was a fundamental defect, rendering the High Court proceedings initia

Case Details

Suit Number:CIVIL APPEAL NO. J4/20/2009
Judges:ATUGUBA JSC (PRESIDING) (DISSENTING), AKUFFO (MS) JSC, ADINYIRA (MRS) JSC, GBADEGBE JSC, AKOTO-BAMFO (MRS) JSC
Counsel:W.A.N.ADUMUA-BOSSMAN FOR THE DEFENDANTS /APPELLANTS /APPELLANTS; ALBERT ADAARE FOR THE PLATINITFFS/RESPONDENTS/RESPONDENTS.
Other Citations:(2010) JELR 66194 (SC)

JUDGEMENT

GBADEGBE JSC

This is an appeal from the unanimous decision of the Court of Appeal dated 6tth November, 2008 that affirmed the decision of the trial High Court in the matter herein. The circumstances under which the proceedings herein arise before us may be stated thus. The defendants/appellants/appellants to whom I shall hereafter for convenience refer as the appellants obtained judgment in a cause affecting chieftaincy before the Judicial Committee of the Greater Accra Regional House of Chiefs on 17 February 2003 in a case entitled Nii Tetteh Ahinakwa II and Another v. Nii Ayitey Agbofu II and Another. Subsequently, they applied for and obtained from the High Court, Accra leave to go into execution of the said judgment. Following the grant of leave to the appellants, it appears that they caused steps to be taken to enforce the writ of possession against the execution debtors in the said action. Following the said execution, the plaintiffs/respondents/respondents to whom I sha…

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