BRUTUW vs. AFERIBA AND ANOTHER

JUDGMENT OF OSEI-HWERE J. By the indorsement on her writ the plaintiff’s claim against the defendants is for: “(a) declaration setting aside the judgment of this honourable court dated 26 August 1975 and confirmed by the judgment of the Court of Appeal dated 16 June 1977 on the ground of fraud.” In her twelve-paragraphed amended statement of claim the plaintiff made the following averments: “(1) The plaintiff is the head of family of Nana Effina Anona family of Yaayaakuano near Cape Coast in the Central Region. (2) The land, the subject-matter of suit No. 15/70 entitled Kobena Amoasi, Odikro of Yaayaakuano for himself and on behalf of Nana Effina Anona family of Yaayaakuano versus (1) Ebusuapanyin Effua Aferiba, etc., etc. (2) Fawuhutwer of Yaayaakuano in which judgment was given by the High Court, Cape Coast, on 26 August 1975, and same was confirmed by the judgment of the Court of Appeal dated 16 June 1977, is the ancestral property of the plaintiff’s family. (3) Th...