EBUSUAPANYIN JACOB, EMMANUEL ATTA BRACE (DECS’D) SUBSTITUTED BY MALLAM MUMUNI AND EFI EBUBONKO vs. NANA KWAME TOOSI II

DENNIS ADJEI, J.A: On 2nd June, 2008 the defendant/appellant herein filed an appeal against the decision of the High Court, Cape Coast delivered on 5th May, 2008 in which he lost. For the purposes of this appeal the defendant/appellant would be referred to as the Defendant and the plaintiff/respondent as Plaintiff. The brief facts of this case were that the plaintiff was claiming ownership to Kusuku Bonsam lands which forms part of Eburbonko Stool lands. The plaintiff did not describe the identity of the land but rather attached to the writ of summons, two maps (site plans) which sought to delineate the disputed land. The trial High Court Judge gave judgment in favour of the plaintiff for all the reliefs endorsed on his writ of summons. The defendant aggrieved by the judgment of the trial High Court appealed to this court to reverse the judgment on several reasons, particularly that the judgment was wrong because the identity of the subject matter of the litigation (the land) rema...