[2013]DLCA8063January 25, 2013Court of Appeal

ALHAJI MUMUNI vs. AKUA SERWAA NYAMEKYE, YAA TENEWAA (SUBSTITUTED BY KWADWO FRIMPONG), LANDS COMMISSION, REGISTRAR, LANDS COMMISSION AND EXECUTIVE SECRETARY, LANDS COMMISSION

AYEBI J.A. This case went through a chequered history having pended in the court for twenty four (24) good years from 1986 to 2010 when judgment was delivered. The case passed through the bench of several judges and the chambers of several lawyers on both sides. Although there are five defendants sued, that is not the reason for the delay. This is because of out of the five defendants, only the 2nd defendant entered an appearance, filed a defence and a counter-claim and actually defended the claim of the plaintiff. But in the second year of the pendency of the suit, 2nd defendant died. She was substituted by her daughter Justice Georgina Kusi-Appouh. Unfortunately she also passed away before time could be found for actual hearing to start. Mr. Kwadwo Frimpong has since survived as the substituted 2nd defendant in the case. It is also observed that the facts of the case are not in any way complicated. No doubt at the trial plaintiff and his wife gave evidence in proof of p...