A Judge at the Weija Circuit Court yesterday gave the counsel for Justice Victor Ofoe, a Court of Appeal judge, eight days to respond to a motion seeking to dismiss proceedings in a land litigation case.
The motion is seeking the court to strike out Justice Ofoe’s writ of summons for violating high court civil procedure rule.
Dr Aristotle Kotey, counsel for Mr Solomon Tettey, the defendant, moved the motion and prayed the court to strike out plaintiff’s writ of summons for non-compliance.
Mr Theophilus Codjoe, counsel for Justice Ofoe, who is representing Colombus Okai in the case of alleged trespassing on six plots of land by Mr Tettey, said it would be improper to strike out the entire writ of summons.
However, the Judge said he noticed counsel for the plaintiff “appeared surprised” and adjourned the case to March 22.
Colombus Okai, a Ghanaian resident in the United States of America (USA), is praying the court for an order directed at Mr Solomon Tettey, the plaintiff, also a Ghanaian based in the USA, and claimant to the land, to stop the alleged trespassing on the land.
In his statement of defence, counsel for Mr Tettey, Dr Aristotle Kotey, denied the allegations made by the plaintiff, and argued that he acquired the land in dispute, in 1997 through his brother Jonathan Budu Tettey from the chief and Djatse Kwame Bosompem, the Akramamaa Kwashie Gborlor Family of Ngleshie Amanfro.
In the instant action, Dr Kotey contended that the plaintiff’s writ of summons offends Order 2 Rule 4(2) of the High Court (Civil Procedure) rules, 2004 C.T.47.
That the said Order 2 Rule 4(2) provides that: “Before a writ is filed by a plaintiff who acts by an order or on behalf of a person resident outside Ghana, the writ shall be indorsed with a statement of claim of that fact and with address of the person so resident.”
Counsel argued that the writ failed to disclose the plaintiff was suing on behalf of a person outside the jurisdiction and that the address of the plaintiff was not indorsed on the writ of summons.
Dr Kotey urged the court to dismiss the writ along with all proceedings on grounds of non-compliance with the provisions of the law.
The plaintiffs in their statement of claim stated that he bought the land in 1992 from the same family and built a single room for a caretaker.
Plaintiffs said the chiefs gave them documents covering the 1.08 acres of land in 2002.
Justice Ofoe alleged that he was invited by the Kasoa Police following complaint of trespassing made by the defendant.
Mr Tettey told the court he showed his indenture and search reports to the Kasoa Police, having lodged a complaint.
He contended that in 2002, the chiefs did not own the six plots of land to have given documents to the plaintiff.
BY MALIK SULLEMANA