MRS. EMILY ANTO ALIAS EMILE ADDO KUFFOUR AND ANOTHER vs. PROFESSOR FRANCIS ADDO KUFFOUR ALIAS KWASI AGYEBI AND ANOTHER

This is a ruling in respect of a motion by the applicants, namely Nana Addo Kuffour and Vida Kuffour, for an order to substitute them for Nancy Osei Kwaku who was a plaintiff in a suit instituted in this court as far back on 8th May, 1997, judgment of which was delivered on 29th July, 2010 in favour of the co-defendant for her counter-claim. During the pendency of the suit, the first plaintiff passed away but was not substituted. The judgment was therefore against the surviving second plaintiff who was said to be dissatisfied with the judgment and had instructed her counsel to file an appeal against it. It is instructive to note that the appeal was not filed because she had run out of time. However, on 15/11/10, a motion on notice for extension of time to appeal against the judgment was filed on her behalf. The motion is yet to be heard. Whilst that is pending, the applicants filed the instant motion for an order substituting them for the sole plaintiff to enable them pursue the intend...