MOHAMMED SINARE ETC. V. DR. E. AYITEY-SMITH

JUDGMENT

ANSAH, J.A.

On 23rd March 2001, the Circuit Court, Accra, entered judgment in this case in favor of the defendant and awarded ¢2 million for damages upon his statement of defense and counterclaim. The suit centered on a claim of ownership of a piece of land in Accra.

The facts that resulted in the judgment were that at the summons for directions, the court appointed a Government Surveyor to survey the area in dispute and submit a report on it. The parties were to bear the cost involved. Whereas the defendant paid his portion, the plaintiff did not and the court proceeded to strike out the plaintiff's writ on account of this failure to pay. The defendant then went on to prosecute his counterclaim and gave evidence in support of his case.

In the course of the proceedings, the plaintiff died and the defendant applied for an order for his (deceased') wife to be substituted for him in a motion filed on 24/6/99. It is not clear from the record when the application was heard or granted.…