HUGH KWARTELAI QUARTEY vs. SOLOMON KWAME YEBOAH

MARFUL-SAU, JA: This appeal raises elementary issues on civil procedure practice in the High Court, but which are fundamental. The record of appeal reveals series of irregularities regarding the old High Court Civil Procedures Rules LN 140A and C.I. 47 of 2004. The brief facts of the case are that the Plaintiff/ Respondent herein referred to as Respondent issued a writ at the High Court, Accra on the 7th of May, 1999 seeking the following reliefs:- a) A declaration of title to all the land at Dome described in the Schedule as A b) Recovery of Possession c) Damages for trespass d) An order of perpetual injunction against the defendant and all his agents and workmen. The defendant entered appearance through his lawyer E. Nyamekye-Baah on the 3rd of June 1999 and followed it up with a defence on 22nd June 1999. After close of pleadings, the case suffered a series of adjournments and counsel for defendant filed a Notice of Withdrawal on the 3rd of May 2002. In vie...