NII AKWEI ADOTEY vs. DANIEL GAIKPAH

MERLEY WOOD (MRS), JA This is an interlocutory appeal by the Defendant/Appellant against the Ruling of the High Court, Land Division delivered on 4th November 2020 for failing to set aside the Writ of Summons directed at a deceased person. The Plaintiffs/Respondents will be alternately referred to as Plaintiffs or Respondents while the Defendant/Appellant will be alternately referred to as Defendant or Appellant. The facts leading to the instant appeal are that the Plaintiffs sued out a Writ of Summons with its accompanying Statement of Claim against the Defendant on 6th August 2020 claiming the following reliefs: i. A declaration that 1st and 2nd plaintiffs own all that piece or parcel of land situate at Adoteiman, covering an approximate area of 0.65 acre or 0.26 hectare and bounded as follows: on the South East by lessor’s land measuring 140.6 feet more or less, on the South West by lessor’s land measuring 203.3 feet more or less, on the North East by lessor’s land measu...