RICHARD APPIAH-NKYI vs. NANA ACHINA NUAMAH

PWAMANG, JSC. On 27th June, 2016, the Court of Appeal dismissed an appeal filed by the defendant/appellant/applicant, hereafter referred to as “the applicant” against a judgment of the Circuit Court, Kumasi. The Applicant felt aggrieved by the decision of the Court of Appeal and since it was in respect of a judgment of a court lower than the High Court, he applied for leave of the Court of Appeal in order to appeal against its decision. The Court of Appeal dismissed that application for leave upon a preliminary objection raised by the plaintiff/respondent/respondent who will be referred to as “the respondent” in this ruling. The Applicant has therefore brought this application under Article 131(2) of the 1992 constitution praying for special leave of this court to appeal against the judgment of the Court of Appeal dated 27th June, 2016. In the Circuit Court the respondent claimed against the applicant among other reliefs for a declaration that six plots of land at Twinduras...