EMMANUEL OWUSU AMANKWAA (DECEASED) SUBTITUTED BY MRS. SALOME AMANKWAA vs YAW ASIBEY ANTWI, FRANKLIN AFRIYIE AND 12 ORS

JUDGMENT The instant suit was commenced by one Emmanuel Owusu Amankwaa (now deceased) on 19th January 2016. He claimed for declaration of title to a piece of land situate at Otinshie near East Legon, Accra, among the other usual ancillary reliefs against Defendants. Whilst the suit was pending the said Emmanuel Owusu Amankwaa died on 5th April 2016 and since the cause of action survived him, the action not having been abated by reason of the death, an application under Order 4 Rule 6 of the High Court (Civil Procedure) Rules, 2004 (C.I.47) was pursued and an order was obtained whereby Mrs. Salome Amankwaa, the widow was substituted. Plaintiff’s case was that in 2004, he approached Osae family of Otinshie for acquisition of the land in issue. As at the time, the Osae family was engaged in litigation over a larger tract of land, which included the land in dispute, with Tsie We family. Nevertheless the Osae family allocated a piece of land to Plaintiff and actually placed Plaintif.....