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EBUSUAPANYIN JAMES BOYE FERGUSON V. I. K. IMBEAH & 2 ORS.

(2018) JELR 92113 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/61/2017  •  11 Jul 2018  •  Ghana

Coram
DOTSE, JSC (PRESIDING), YEBOAH, JSC , BAFFOE-BONNIE, JSC , APPAU, JSC , PWAMANG, JSC

Appearances
CHARLES AGBENU FOR THE PLAINTIFF/APPELLANT/RESPONDENT. KWEKU PAINTSIL FOR THE 3RD DEFENDANT/RESPONDENT/APPELLANT

Judgement

JUDGMENT

APPAU, JSC

This appeal commenced as a representative action in the then District Grade One Court, Saltpond on the 9th of November 1988. About four (4) years later, precisely on the 23rd of September 1992, it was transferred to the High Court on the orders of the District Magistrate, the reason being that the value of the properties the subject-matter in dispute, far exceeded the jurisdiction of the District Court. The parties filed pleadings in the District Court, which practice was not a strict requirement under the District Court rules. Upon the transfer of the action to the High Court, the parties filed new pleadings through amendments, pursuant to orders of the trial High Court. The original plaintiff in the action, Ebusuapanyin James Boye Ferguson who in the original action in the District Court said he had sued as Acting Head of the Asanawoma Okrah Kona Family for himself and on-behalf of the family, filed his Amended Writ of Summons and Statement of Claim in the High Cou…

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