EBUSUA PANYIN KOFI ESSUON vs. CHARLES KOFI BOHAM

ANIN YEBOAH J.S.C; - On the 21/05/2014, we allowed the appeal in this case and reserved our reasons. We now proceed to give our reasons. The facts of this appeal appear not to be in any controversy whatsoever as the case was not determined on the merits at the trial court. The facts of this appeal as by the Court of Appeal are as follows: “On the 5th of June, 1981 EBUSUAPANYIN KOFI CHARLES BOHAM, the plaintiff therein, hereafter referred to as respondent issued out a Writ of Summons against Opanyin Kofi Kwei and Opanyin Kweku Annan in Suit № CS.122/81 entitled EBUSUAPANYIN KOFI CHARLES BROWN ….. PLAINTIFF VRS 1. OPNAYIN KOFI KWEI SUBSTITUTED BY KOFI ESSON ….. DEFENDANTS 2. OPANYIN KWEKU ANNAN Kofi Esson who was substituted by the order of the High Court, dated 23-7-85 in place of the 1st defendant, who had died, will hereafter be referred to as the appellant. The original Writ of Summons, later amended on 10-8-1992 had the following reliefs; 1. Declaratio...