Judgment against dead person ends up at Supreme Court

On August 22, 2024, 2:07 AM

What started as a demolition of one Joseph Kweku Aggrey’s property with a High Court order on a parcel of land at Otano in the Greater Accra Region has ended up at the Supreme Court for determination. 

The order leading to the demolition was granted by the Adenta High Court presided over by Justice Fred Kwasi Awuah, following an ex-parte application.

The ex-parte application, which had Joyce B.B. Boakye, as the defendant, was filed by Tredstone Empire Limited in 2021.

However, during the demolition, the company faced resistance from the property owner, Mr Aggrey.  In a certiorari filed at the apex court, the applicant (Nana Antwi Bosiako) is urging the court to quash the High Court decision.

Reasons

According to the applicant, whose property was directly adjacent to the affected area, since the ex-parte motion was filed in 2021 and Joyce B.B Boakye died on November 4, 2010, there was no way the High Court could have made an order in a matter which had the deceased as the defendant.

“That on the face of the judgment, the judgment was obtained in default of appearance against the said Joyce B.B Boakye.

“That I am informed by my Counsel and verily believe same to be that a Writ of Summons issued against a dead person is a nullity and all proceedings pursuant to same is also a nullity,” he stated, adding that the High Court in Adenta did not have the jurisdiction to proceed with the matter against a dead person.

“That I am informed by my Counsel and verily believe same to be true that any judgment given by a court against someone dead at the time of the issuance of the Writ is a nullity as having been given outside the jurisdiction of the court,” Nana Antwi Bosiako said in his statement of claim attaching the death certificate of Joyce B.B Boakye to firm up his case at the Supreme Court.

In a related development, Mr Aggrey, who has had military men demolish his property on three different occasions has also petitioned the East Legon Police, notifying them of a restraining order barring Tredstone Empire Limited from recovering the land.

The Supreme Court is expected to hear the certiorari when it resumes from the legal vacation in October this year.