Y. K. QUARTEY vs. JOHN HAMMOND

ESSILFIE-BONDZIE JA.: The facts in this appeal are simple and straight forward. The plaintiff took out writ for declaration of title, recovery of possession of the land in dispute, damages for trespass and perpetual injunction. The suit was instituted on the 19th July 1991. Pleadings were closed before the Circuit Court with the taking of summons for Directions on the 29th January 1992. Subsequently there was on application for amendment of the title of the suit on the 24.3.92. It is on record that there were on further proceedings from the 24.3.93 until 25.1.94 when plaintiff filed a motion ex-parte for substituted service. In his judgment the learned trial judge also buttressed these facts. He commenced his judgement thus:— “The suit was instituted some where in 1991 and for no apparent reason went into abeyance until June 1995 when counsel for the plaintiff caused it to be reviewed.” On the 12th July 1994 however, the Court granted on ex-parte application for substit...