EBUSUAPANYIN KWAME ATTA (SUBST. BY EBUSUAPANYIN KOFI KWA DUA) vs. EBUSUAPANYIN KWAKU AMOESI

JUDGMENT KULENDI JSC: INTRODUCTION 1. We have before us an appeal against the judgment of the Court of Appeal, Cape Coast, delivered on the 29th of June 2022 which reversed the judgment of the High Court dated 22nd October 2020. Per the notice of Appeal filed on the 19th of July 2022, the Appellant seeks an order setting aside the Judgment of the Court of Appeal and a further order restoring the judgment of the trial High Court. For ease of reference and for the purposes of this Appeal, we shall refer to the Plaintiff as the Appellant, and the Defendant as the Respondent. BACKGROUND: 2. The backdrop against which the instant appeal was mounted are as follows: The Appellant, in his capacity as Head of the Aboradze family of Akatakyiwa, filed a Writ of Summons and Statement of Claim on 28th October 2009. This was then subjected to several amendments culminating in an “Amended Amended Statement of Claim” filed on the 6th of February 2015. In reaction to this, the Respondent, ...