The appeal is from the ruling of the High Court, Accra. The said ruling, dated 14 July 1986, set aside a judgment which the learned High Court judge had previously on 20 July 1984 entered in favour of the appellant. That is the ruling complained of set aside a judgment which had been outstanding in favour of the appellant and against the defendant (now deceased) for almost two years.
The appellant (hereinafter referred to as the plaintiff) had sued the defendant, one M. A. Botchway, in suit No. 17/74 for a declaration that house No. X243, West Korle Gonno, Accra formed part and parcel of the estate of one late Elizabeth Lamley Lamptey; and the latter having died intestate the house became the property of her family and could not therefore be sold to satisfy the personal debts of her administratrix, one Mary Larkai Lamptey.
It may be observed that the action was instituted in 1974; and reading from the judgment of 20 July 1984, the suit had been pending in the High Court for al…