[2022]DLCA15143December 15, 2022Court of Appeal

KWABENA DAPAAH-SIAKWAN vs. JOSEPH BOYE

In this appeal against the judgment of the High Court, Accra, delivered on 21st June 2016, the Plaintiff/Appellant seeks the setting aside of the aforesaid judgment. This case involved two consolidated suits on the land involving two different parties. The second case was struck out for lack of capacity of the person suing as attorney on behalf of the claimant of the land who resides outside the jurisdiction. The Plaintiff/Appellant (hereafter will be referred to alternately as the Plaintiff or the Appellant). THE CASE OF THE PLAINTIFF/APPELLANT The matters that have given rise to the instant appeal are as follows: The Plaintiff instituted an action against the Defendant on 19th May 2004 which was later amended on 26th JULY 2004 and further amended on 15th January 2010 for the following reliefs: a. A declaration of title to all that piece of land situate lying and being at Kisseman in Accra and covering an approximate area of 0.92 Acre. b. Recovery of possession to the said l...