WELBOURNE (MRS), J.A.
This is an appeal against the judgment of the High court dated 9th May 2014.
The brief facts are that on 7th February, 2003, the Plaintiff/Appellant issued a Writ of Summons against the Defendant/Respondent in the High Court Accra, claiming ownership or title to a piece or parcel of land described as No.5 Block 7, Section 002, situate at Dzorwulu, Accra among other reliefs. During the pendency of the action, i.e. on 5th July, 2004, the said Emmanuel Addo died. Dela Addo who claimed to be the eldest child of the late Emmanuel Addo applied to be substituted for the late Emmanuel Addo.
It was the Plaintiff’s case that his father the original Plaintiff acquired the land from George Francis Lomotey in 1966. Indeed in the description of the land being claimed by the Plaintiff among the boundary areas thereof, the Plaintiff categorically mentioned the Defendant on the side where the disputed land shares boundary with the Defendant’s land, it was stated that on the …