EBUSUAPANYIN KWEKU BOSOM -ELMINA vs. NANA KWEKU MENSAH ALIAS JOSEPH ANKOMAH, KWAMINA ASAKUA AND EGYA KWAKU

SAEED K. GYAN, JA This is an appeal against the Ruling of the High Court, Cape Coast, dated 18th February, 2010. By the said Ruling the Plaintiff’s action was summarily and peremptorily dismissed by the learned trial Judge, Owusu-Arhin, J. on the ground that there was no clear delineation of the Plaintiff’s land in the indorsement of his writ of summons and statement of claim. The trial High Court Judge, Justice (Mrs.) Owusu-Arhin, delivered herself shortly thus: “ The Court has noticed that neither the writ of summons nor the accompanying statement of claim state the measurement of the land being claimed by the Plaintiff, in other words, there is no clear delineation of the land. This implies that the Plaintiff has come to Court uncertain about the extent of the land he is claiming title for, and it is a fundamental error, which is incurable by way of amendment. The Plaintiff’s writ of summons is thereby void ab initio and of no foundation in base. The writ is accordi...