ENOCH TEYE AMONI vs. NANGUAH APENKRO

APALOO J.A. This is an appeal from the ruling of the High Court Accra dated 29th July 2005. In that ruling the learned trial Judge set aside the writ of summons and the statement of claim together with all other processes. For purposes of this appeal I shall keep to the designation assigned to the parties in the Court below. The simple facts leading to this suit were that the Plaintiff, acting on behalf of the Amoakoto family of Ada describing himself as chief and head of family of the royal Amoakoto family instituted this action in the High Court Accra, claiming among others, declaration of title to a parcel of land known as Todjebia lands situate at Ada the boundaries of which were described in the writ. The Plaintiff contended that the land was founded by his ancestor one Nene Amoakoto I. He claimed that the Defendant who in the past had depended on the Plaintiff’s title to "fend off other trespassers had trespassed on part of the said family land ..... and has denied the Plai.....