AKYINFU vs. MBROH

JUDGMENT OF SCOTT J. This is an application seeking leave for the issue of a fresh writ of summons out of this court for determination of the plaintiff-applicant’s title to the land described in the affidavit of the applicant Kwabena Agyir Kofi and which land was the subject-matter in the consolidated suits civil appeal 15/47—Odikro Kwasi Akyinfu v. Safohene Kojo Mbroh and Essie Oduma v. Kojo Mbroh. The grounds on which this application is made as set out in applicant’s affidavit are that since the delivery, on the 4th December 1947, of the West African Court of Appeal judgment in the suit civil appeal No. 15/47 above referred to, fresh evidence has come to light which could not with reasonable diligence have been discovered at the trial, and that such evidence would have altered the ultimate decision of the suit. Counsel for the applicant in support of his arguments for the granting of leave has cited several authorities which all tend to show that the power to grant ...