[2023]DLCA17540November 23, 2023Court of Appeal

FREDERICK KWAKU YEBOAH @ KWAKU YEBOAH vs. MICHAEL OSEI, AFUA SERWAA & 6 ORS

JUDGMENT OWUSU-OFORI, JA BACKGROUND Before us, is an Appeal taken against the judgment of the Circuit court sitting in Kumasi, dated 3rd January, 2017 wherein the trial judge entered judgment for the 8th Defendant/Respondent against the Plaintiff/Appellant on the grounds that the Letters of Administration and the subsequent vesting Assent prepared by the Plaintiff’s lawyer vesting H/No. Plot 6 Block “XIV” Manhyia Extension, Kumasi into the name of the Plaintiff/Appellant were procured by fraud. The Plaintiff/Appellant has invoked our jurisdiction by a Notice of Appeal filed on 12th January, 2018 and seeks an order setting aside the said judgment. For ease of reference, the Plaintiff/Appellant and 8th Defendant/Respondent will simply be referred to as Plaintiff and 8th Defendant, respectively. By his Writ of Summons and Statement of Claim issued at the Circuit court, Kumasi, on 21st July, 2015 Plaintiff claimed against the 1st - 7th Defendants the following reliefs: - (i) D...