OMENYO vs. POKU AND ANOTHER

This is an appeal from the decision of the Wenchi Local Court, sitting at Wenchi, and dated the 5th May, 1960. The claim by the plaintiff is for a declaration of title to a piece of land situate at a place called Korkrompe. When the case was before the local court for hearing on the first adjourned date the defendants did not turn up. They sent a letter to the court per a bearer asking for an adjournment; the reason for the application was that the first defendant had lost his father and therefore had to attend a funeral. The letter of application was signed by both defendants. The court considered the application and refused it and proceeded to hear the case in the absence of the defendants. It heard the evidence of the plaintiff and gave judgment for the plaintiff on his claim. The defendants have appealed to this court and at the hearing of the appeal counsel for the appellants sought leave of this court to argue two supplementary grounds, even though he had not filed those...