AFUA ABRAFI, KOJO ADJEI AND AKUA BRUWAA vs. KOFI DARKO

AYEBI, J.A: Introduction: This is an interlocutory appeal against the ruling of a Kumasi High Court dated 31st July, 2013. In the said ruling, the trial High Court Judge dismissed the defendants/appellants motion to set aside the plaintiff/respondent’s writ of summons under Order 9 Rule 8 of the High Court (Civil Procedure) Rules, 2004 (C. I. 47). Background: In Order to appreciate the basis of the claim of the plaintiff/respondent against the defendants/appellants and then the defendants/appellants motion to set aside the writ of summons of the plaintiff/respondent, there is the need to delve into history. One Kwame Adjei and Akwasi Appau were brothers. Both of them have passed away. Kwame Adjei was the husband of 1st defendant and their children are 2nd and 3rd defendants/appellants. In his life time, Kwame Adjei sojourned in Holland, while his brother Akwasi Appau lived in the country and worked as a driver. Kwame adjei brought a car to Ghana but sold it and banked t.....