ARYEE vs. BLANKSON

The defendant in this action applied under Order 25, rr. 2 and 4 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), and under paragraph 85 (2) of the Courts Decree, 1966 (N.L.C.D. 84), for an order dismissing the suit on the ground that “the plaintiff has no right of action and his claim herein is vexatious and cannot be reasonably supported.” Notice of application was given as far back as 13 February 1971. At that time the N.L.C.D 84 was in existence. But the said Decree 84 has now been repealed by the Courts Act 1971 (Act 372). I will therefore take it that this application proceeded under Order 25, rr. 2 and 4 only. The plaintiff’s claim is for a declaration of title and perpetual injunction in respect of a piece of land situate and lying at a place known as Opete Kpakpo, located at the north-western side of Abossey Okai, Accra. The amended statement of claim filed on 18 May 1971, alleged as follows: “(2) During his lifetime one Robert Anyai Yaotey...