O’SVAN BOYE LIMITED vs. DAVID KOJO ANAGBO AND LANDS COMMISSION

JUDGMENT MAJORITY OPINION KWOFIE JSC: My Lords, this appeal raises the issue of what is the effect of pleadings of parties filed in the case and to what extent should the parties be allowed or permitted to change their case as set out in their pleadings in the course of the trial. This is an appeal against the judgment of the Court of Appeal, Accra delivered on 28th April, 2022 by which the Court set aside the judgment of the High Court, Accra delivered on 14th March 2018. Dissatisfied with the decision of the Court of Appeal, the defendant/appellant (hereinafter referred to as the defendant) filed a Notice of Appeal to this apex Court dated 12th May 2022. Pursuant to leave granted by this honourable court on 17th January 2024, the defendant filed an amended notice of appeal on 26th January 2024 on the following grounds: i) The Court of Appeal erred when it failed to hold that the High Court was entitled to address the issue of capacity in so far as it emerged from the ev...