ABUSUAPANIN ADUSEI DARKO V. OSEI YAW & ANOR

JUDGMENT

GIFTY DEKYEM, J. A:

INTRODUCTION:

This is in respect of an appeal by the Plaintiff/Respondent/Appellant (hereinafter called Plaintiff) against the ruling of the High Court, Kumasi, dated 24 July 2023, found on pages 232 to 238 of the record of appeal (ROA). The ruling is in respect of a motion on notice filed by Samuel Asare (hereinafter called Applicant), a stranger to the suit, with the leave/consent of the 2 Defendant, seeking to set aside the judgment delivered in the suit dated 30 March 2021 which was granted.

BACKGROUND:

Plaintiff, per his writ of summons and statement of claim filed on 26 April 2019 with Suit No. HRC/38/19 sought a declaration of title to Plot Nos. 18K, 20K, and 25K, Adusei Street, Sepaase, and an unnumbered piece of land in the Atwima Nwabiagya Municipality of the Ashanti Region, which forms part of the Okodom Stool lands vested in the Asona Royal Family; recovery of possession, perpetual injunction, general damages for trespass, costs, and any other order…