Perjury, the offence committed by a witness in judicial proceedings
who, having been lawfully sworn or having affirmed, wilfully gives false
evidence is starring a hotelier, Angelo R. Adukere, in the face at the
Supreme Court where he has been dragged to by a complainant in a case involving
lands at Oyarifa in Accra.
The complainant,
Patrick Kunto, is praying the Supreme
Court to declare as null and void a ruling of a Court of Appeals which
overturned a High Court ruling in his favour against six accused persons,
including Angelo Adukere.
In the
substantive case with suit number AL62/2008 titled Patrick Kuntor Vrs. Nuumo
Klotia Akpor & 6 others involving a 37.6 acres of land, an Accra High
Court, in its ruling on 13th March, 2009 ruled in favour of the
plaintiff, asserting that it is unlawful to register the said land in the name
of any other person since the plaintiff’s claim to the land has not been
challenged.
Angelo R Adukere,
who is the 6th defendant in the case appealed against the decision of the High
Court on the grounds that he was not been served by the court to enable him
enter his defence. The Court of Appeals upheld his submission and therefore
quashed the ruling of the High Court. In its ruling, the three member panel
made up of Justice J A Ayebi, Justice Isaac Duose and Justice K.A. Quaye held that
“
the rules of court require that the appellant be served personally with a
hearing notice of the hearing which took place on 21/11/08. Inspite of the
declaration of the Registrar that the search answered on 12/08/09 is official
search result from the court, there is nothing on record to show the appellant was
in fact served with notice of the hearing
which took place on 21/11/08”
Continuing,
the three judges held that “by not
serving the appellant notice to attend the trial which resulted in a judgement
against him, he was denied natural justice. The court itself was not in the
circumstances clothed with jurisdiction to embark on the trial. The said trial
with the consequent judgment against the appellant is thus a nullity. We
therefore allow the appeal. Accordingly, judgment of 20/02/09 is hereby set
aside. We order trial de novo”
Patrick
Kuntor, the plaintiff, dissatisfied with the ruling of the Court of Appeals
subsequently took the matter before the Supreme Court alleging that the
decision of the Court of Appeals was based on falsehood presented to it by the
6th defendant. According to the plaintiff, there is evidence that
the 6th defendant was dully served and thus, his claim before the
Court of Appeals was false.
A document
sighted by this paper dated 12-6-08 and signed by a bailiff of the High Court,
Joshua Odametey on oath held that on the 16th day of June, 2008 at
10:38 pm, he duly served the 6th defendant, Angelo R Adukere personally
at his hotel.
This
claim, if true, portends danger for the 6th December as it does not
only restore the ruling of the High Court but also holds him as having
committed perjury, a crime that can earn him a jail term.
