AMANING ALIAS ANGU vs. ANGU II

JUDGMENT OF ABBAN J.A. The action was commenced in the High Court, Sekondi by one J. W. Essien alias Kwesi Baidu. But before judgment was delivered on 15 December 1963, he had passed away. One Opanyin Armoo joined the suit as a co-defendant. But alas, he suffered the same fate as Essien. Opanyin Armoo, after he had given his evidence, also died. Kojo Korantsin Amaning and Kwamena Benyah were substituted for Essien and Opanyin Armoo, respectively. The nature of the case was such that the trial High Court allowed the substitution of those two persons not because they had the capacity in which they made their respective applications, but they were allowed to come in as nominal parties, so to speak, in order that the action would not become abated. Thus the judgment determined only the rights of the original parties—J. W. Essien, Nana Kobina Angu II, and Opanyin Armoo. In this appeal the expressions “plaintiff” and “co-defendant” have been used in reference to J. W. Essien and...