LUMOR BORTEY BORQUAYE(SUING FOR HIMSELF AND ON BEHALF OF MR. KONOR BORKETEY BORQUAYE FAMILY) V. ALHAJI ABDUL AZIZ & KWAME AYEW

JUDGMENT

ASIEDU, JSC:

[1.0]. INTRODUCTION:

My lords, this is an appeal from the judgment of the Court of Appeal, Accra, dated the 5 of April, 2023. In the said judgment, the Court of Appeal reversed the judgment of the trial High Court which was delivered in favour of the Defendants/Respondents/Appellants (hereinafter referred to as the Appellants).

The Plaintiff/Appellant/Respondent shall hereinafter be referred to as the Respondent.

[2.0]. NOTICE OF APPEAL

By a notice of appeal filed on the 2nd May 2023, the Appellants formulated the following grounds of appeal:

(a) The Court of Appeal erred in law when, in the face of clear evidence that the Defendants/Respondents/Appellants before them had been in effective possession of their land since 2003 (more than 12 years) without being sued by the Plaintiff/Appellant/Respondent who was before them, the Court of Appeal failed to enforce section 10 of the Limitations Act, 1971 (NRCD 54), a statute binding on the court against the Plaintiff/Appellan…