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AWUDU AKUOGO V. ISSAKA NUHU & ORS

(2022) JELR 110036 (CA)

Court of Appeal  •  HI/17/2019  •  24 Jun 2022  •  Ghana

Coram
V. D. OFOE, JA (PRESIDING) J. BARTELS-KODWO (MRS.), JA S. R. BERNASKO-ESSAH (MRS.), JA

Judgement

V. D. OFOE

This appeal is against the ruling of the trial High Court presided over by His Lordship Justice Boon delivered on the  24th May 2018 in which he refused the plaintiff/appellant’s (plaintiff) application to amend the capacity in which he sued the defendant/respondents( defendants). Let the plaintiff /appellant be referred to as plaintiff in this appeal and the defendants/ respondents be the defendants. The application to amend was made when the case had been adjourned for judgment and the defendants had filed their written address in which they have questioned the capacity of the plaintiff to institute the suit. The subject matter of the suit concerned land in Misiga within the Bawku Municipality.  A review of the record of appeal clearly indicated that the plaintiff, both in his pleadings and evidence in chief, maintained that he was the family head of the Akuogo Family of Misiga and sued for himself and for the Akuogu family as a whole. He was challenged to prove this asser…

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