[2019]DLHC8791November 20, 2019High Court

OWUSU KAINING PHILIP vs. DR. DANIEL NARH SIAW AND MR. TETTEH SIAW SAPPOR

One Ama Serwah (deceased) in her lifetime was alleged to have acted as the head and trustee of Kaning family of Bonwire near Ejisu in the Ashanti Region. The said family owned properties including House No. C/643/3 situate at Asylum Down, Adabraka, Accra. Ama Serwah, in her capacity as the legal representative of the family sued one Siaw Sappor when the latter allegedly trespassed on the House No. C/643/3. In the said suit number CCL/34/7, Ama Serwah obtained judgment against Siaw Sappor in 1973 but before the full benefit of the judgment could be realized, Ama Serwah who was then quite advanced in age fell gravely sick and she went to her hometown Bonwire near Ejisu in the Ashanti Region where she subsequently died. Plaintiff alleges that the Kaning family did not know anything about the said suit and that the Court’s judgment never came to the attention of the family and that it was recently that the Kaning family discovered some documents from National archives which gave them .....