[2007]DLCA7453 • February 16, 2007 • Court of Appeal
EBUSUAPANYIN KWESI APPIAH & ANOR vs. EBUSUAPANYIN KWESI ACKOM
The case involved an appeal concerning whether proceedings begun before one magistrate could be validly continued and concluded by another magistrate without express consent of the parties. The appellants challenged the continuation of the trial before a different judge after it had commenced, alleging procedural irregularity.
read moreANIN YEBOAH, JA The Plaintiffs/Appellants [simply referred to in this judgment as the Appellant] commenced an action against the Defendants/Respondents [hereinafter referred to as the Respondent] before he Circuit Court, Cape Coast on 3/12/93. The writ of summons was indorsed with a claim for a declaration of title to parcels of several lands at Nanuba, Freetown [in Cape Coast], Amosimo and Kokomaba. The usual ancillary reliefs of trespass, recovery of possession and injunction were also claimed. The suit was placed before Judge Tom Bentil at the Cape Coast Circuit Court, who on 22/05/1997 commenced hearing by taking the evidence of the first Appellant who proceeded to call other witnesses J to testify. The record of proceedings does not show that the Appellants formally closed their case on 9/2/2000 when their last witness gave evidence. However, on 22/5/2000, the Respondents opened their defence before the same judge and called their sixth witness on 17/1/2003. It does appear t...