[2023]DLCA17622December 21, 2023Court of Appeal

I.K. GYASI vs. NANA OFOSU SARPONG KUMANKUMA AND DAASEBRE OSEI BONSU II

JUDGMENT SUURBAAREH, JA This is an appeal from the judgment of the High Court, Mampong, dated 14th March, 2022, in which the trial Court, which had dismissed the Plaintiff/Appellant’s claim, for failing to prosecute his claim in the absence of his Counsel, and proceeded to call upon the Defendants/Respondents to open their defence and upon which judgment was entered in favour of the 2nd Defendant/Respondent in respect of his reliefs (a), (b), (c) and (d). Obviously dissatisfied with the judgment, the Plaintiff/Appellant has mounted the instant appeal on three grounds of appeal, including the omnibus ground about the judgment being against the weight of the evidence, per his notice of appeal at pages 327 and 328 of the record of appeal. The parties would maintain their designations in the Court below. The facts giving rise to the instant appeal are not in much dispute. The plaintiff, per his writ of summons of 5th October, 2020, sought a declaration of title and recovery of posses.....