ANDOH V. MIEZAH AND OTHERS
JELR 83928 (CA)
Court of Appeal
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Ghana
Coram
APALOO, KINGSLEY-NYINAH AND ANNAN JJ.A.
Appearances
R. S. Blay for the appellant.
Joe Reindorf (with him Ebow Bentsi-Enchill) for the respondents.
Judgement
<p style="text-align: justify;"><strong>Kingsley-Nyinah, J.A</strong>.</p><p style="text-align: justify;">The substantive action from which this appeal has sprung began its legal existence in the form of five separate suits whereby the plaintiff-appellant (hereinafter referred to as the appellant) sued his plaint against five different defendants. In each and all of those separate causes, the appellant claimed substantially the very. same reliefs, while the defendants, each and all of them, in the said actions, joined issue with, and challenged, the appellant with the same defences, throughout. All the parties consenting, those several actions were eventually consolidated. Accordingly, therefore, the hearing proceeded on the consensual footing that the trial court was to investigate and determine decisively, one way or another, the agreed issues, namely:</p><blockquote><p style="text-align: justify;">"(a) whether the land was bought by Anwine Kwaw for the community of Twinen and held same in trust for the said community;</p><p style="text-align: justify;">(b) whether the plaintiff is entitled to payment of tribute."</p><p style="text-align: justify;">Setting the tone of the action, theβ¦</p></blockquote>