LUTTERODT vs. MENSAH NYARKO AND OTHERS

Apaloo C.J. delivered the ruling of the court. Some time in 1976, the applicant instituted proceedings against the respondents for title, possession and kindred reliefs to a piece of building land situated at Dansoman in Accra. Six years later, that is in 1982, the High Court constituted by Mr Justice Adadevoh gave judgment for the applicant and granted him not only title to the land and house then built on it but the ancillary reliefs of possession, damages and perpetual injunction. Just a fortnight after the delivery of that judgment, the respondents appealed against it to this court and prayed for its vacation. When the appeal was called for hearing before this court on 7 November 1983 the respondents, as appellants, failed to appear. Accordingly, this court in exercise of its jurisdiction under rule 23 (1) of the Court of Appeal Rules, 1962 (L.I. 218) dismissed it for want of prosecution. The way was thus clear for the successful applicant to reap the fruits of his judgment. At ...