ADWOA YEBOAH V. AUGUSTUS KWADWO ASANTE & 2 ORS

JUDGMENT

BAFFOUR J.A:

INTRODUCTION

The propriety of the employment of the requisite rules under the High Court (Civil Procedure) Rules, C. I. 47 to end a trial by the setting down of an issue for preliminary legal arguments at the stage of application for directions comes up for scrutiny in this appeal. The question for determination for which the parties were invited to address the trial court was clearly a question of law that was evinced by the pleadings of the parties. And that question was whether or not the Intestate Succession Act, PNDCL 111 was applicable to the intestate estate of a deceased person, John Kwame Appah, who died in 1964 when the PNDCL 111 had not been promulgated. In other words, we are being called upon to make a determination as to whether the conclusion of the learned trial Judge that the PNDCL 111 did not operate to have retrospective effect was wrong. But first the facts as shown from the pleadings.

FACTS

By an amended writ issued by the Plaintiff/Respondent, wh…