[2023]DLCA16024 • January 26, 2023 • Court of Appeal
MALLAM FUSEINI DRAMANI vs. KOFI AMOAH, MR. SANKARA
YAW DARKO ASARE, JA This instant appeal is against the decision of the High Court, Kumasi, dated the 25th of January 2019, whereby the trial court set aside its previous judgment dated the 2nd of March 2017, which had been entered in favour of the Appellant herein. For purposes of convenience, the Plaintiff/Appellant shall be referred to as the Appellant, whilst the 2nd Defendant/Respondent shall be referred to simply as the Respondent. The facts germane to this appeal have been adequately set out in the trial Court’s Ruling dated the 25th of January 2019, and we would only highlight the salient points necessary for the determination of the issues raised in this appeal. FACTS On the 31st of October 2012, the Appellant herein issued out of the Registry of the High Court, Kumasi, a Writ of Summons together with a Statement of Claim for endorsed reliefs, including an order declaring him as the beneficial owner of the disputed cocoa farm from 2011/2012 cocoa season till the .....