[2023]DLCA17591 • December 21, 2023 • Court of Appeal
ABUSUAPANIN KWAKU GYEKYEI (SUING FOR HIMSELF AND ON BEHALF OF ODUMASE ADUANA ROYAL FAMILY, KUMAWU). vs. PHILIP BOAKYE AND MAAME NYANKOMAGO (DECEASED)
JUDGMENT SUURBAAREH, JA This is an appeal from the judgment of the Circuit Court, Kumawu, dated 15th August, 2019. In the judgment, the trial Circuit Court dismissed the Plaintiff/Appellant’s claim for declaration of title to and recovery of possession of his ancestral land situate and lying at a place com monly called ‘Obuokum Adomso’ on Kumawu Stool Land, and particularly described. The parties would maintain their designations in the Court below. From the record of appeal, the parties were not represented by Counsel in the Court below. The record does not also contain the statement of claim of the plaintiff, although the statement of defence, filed on 25th September, 2017, and appearing at page 12 of the record of appeal, make reference to a statement of claim. This means that there was indeed a statement of claim filed alongside the writ of summons filed on 22nd February, 2017, at pages 1-2 of the record of appeal, and therefore complied with Order 2 r 6 of the High C...