FRANCE V. GOLIGHTLY; FRANCE V. ADDY (CONSOLIDATED)

AMPIAH JA

This appeal has been brought by the defendant-appellant (hereinafter referred to as the defendant) against the decision of the High Court, Accra, dated 10 December 1982. On 18 April 1974, the plaintiff-respondent, Mary Larley Golightly (hereinafter referred to as the first plaintiff) commenced an action against the defendant claiming, among other things, title to a piece of land at South Odorkor, Accra. The suit was numbered CCL 37/74. On 24 November 1975 while the first suit was still pending, the plaintiff-respondent, Samuel Charles Houghman Addy (referred to) in this judgment as the second plaintiff, who derived his title from the first plaintiff also commenced an action against the same defendant claiming, among other things, title to a portion of the land claimed in suit No CCL 37/74. This suit was numbered CCL 108/75. The defendant denied the claims by the plaintiffs in both suits. As was quite rightly stated by the learned trial judge, since the title of the second pl…