B. ACKAH-YENSU, JA
The fundamental issue for determination in the instant appeal, is the correctness or otherwise of the exercise of the trial Court’s discretion in subsequently granting the Plaintiffs/Respondents application for an Order for Recovery of Possession when it was not contained in his earlier judgment. The appeal is from the Ruling of the High Court (Land Division) Accra, dated 26th June 2018 in an application for Recovery of Possession. We want to categorically state right from the onset that this judgment is not in respect of the Appellant’s appeal against the judgment of the trial court dated 27th July, 2017. The said appeal was withdrawn on 27th November, 2017, and we shall not be seen to be entertaining any attempt to sneak the said appeal in through the back door.
The brief background facts in this appeal are as follows: The Plaintiffs/Respondents (hereinafter referred to as “Respondents”), issued a Writ of Summons in the High Court…