ASARE V. DZENY

AZU CRABBE C.J.: This appeal came before us by virtue of section 3 sub-section (2) (d) of the Courts (Amendment) Decree, 1972 (N.R.C.D. 101).

The circumstances giving rise to the appeal may be briefly stated. On 24 November 1960, a writ of summons filed in the High Court, Ho, was entitled:

“1. KWAME GOMADO—Head of family of late)

Clemence Kwadjo Ntibiri, Kpandu Main Road,)

Zongo—at Adame Anfoega ) PLAINTIFFS

2. SYLVESTER KWASI NTIBIRI also of Aveme,)

successor to Clemence Kwadjo Ntibiri)

versus

1. JONATHAN KLU of Ve Deme near Golokwati)

2. HONOURABLE F. Y. ASARE, Regional) DEFENDANTS.”

Commissioner, Regional Office, Ho.)

The plaintiffs’ claim against the defendants was for (a) a declaration that the sale of the plaintiffs’ family land under a writ of fi. fa. on 15 August 1959, was “unlawful, null and void”; (b) revocation of the certificate of purchase issued to the second defendant; (c) declaration of title and recovery of possession of the land sold; (d) damages; and (e) accounts.

The pleadings…