MENSAH AND OTHERS V. ADU AND OTHERS

AZU CRABBE J.S.C.

This appeal raises a short point, but important questions of general interest. The plaintiffs in this case were the respondents and co-respondents and the defendants were the appellants m the case entitled:

“1. GEORGE MENSAH,

2. S. K. DABIE,

3. KOJO ADIYIA, all of Duayaw-Nkwanta, Plaintiffs-appellants

v.

1. J. H. ADU alias NANA ADU KWABENA of the Presbyterian Primary School, Bekwai,

2. A. S. AKOM of Drumo Road, Duayaw-Nkwanta, Defendant-respondent NANA SAKYI AMANADO II, Omanhene of Duayaw-Nkwanta State Co-defendant-respondent.”

On 22 March 1965, the Supreme Court at the time reversed the decision of the High Court, Cape Coast, in that case. The unanimous judgment of the court, read by Ollennu J.S.C. (as he then was) was concluded as follows (only the relevant portions are produced):

“For the reasons given above, the appeal is allowed, the judgment of the court below is set aside including the order as to costs, any costs paid to be refunded ... The appellants will have thei…