OWUSU vs. KUMAH AND ANOTHER

JUDGMENT OF APALOO C.J. Apaloo C.J. delivered the ruling of the court. In this matter, Opanin Kofi Owusu (hereinafter called the applicant) moves to set aside a consent judgment given by this court on 16 February 1981. Before stating the grounds on which this order is sought, it is necessary to relate the facts on which it is based. On 23 June 1971 the applicant issued out of the District Magistrate Court, Obuasi a writ in which he sought against one D. C. Kuma and Ama Donkor (hereinafter called the respondents) “declaration of title, ¢200 damages for trespass and injunction order restraining the defendants, e.t.c. from entering into” an undescribed “fallow land.” The respondents for their part, counterclaimed against the applicant and sought identical relief for land whose description is again unclear. At the trial, however, it seems title to the whole of the land of a village called Ataasi was put in issue by the parties. After hearing evidence and conduct...