Hotelier Dragged To Court For Perjury
7/20/2012 10:47:47 AM -
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.