MRS. ERNESTINA ABOAH NDAW V. MR. FRED ASAMANI

JUDGMENT

GYAESAYOR, JA

This is an appeal against the decision of the High Court, Koforidua dated 16th December 2010 refusing to vest title of the disputed land to the plaintiff/appellant herein.

A reading of the Record of Appeal (ROA) reveals an interesting scenario in the conduct of this case. The plaintiff who claimed two pieces of land as endorsed issued a writ in the High Court, Koforidua but events show she lost the case after she had previously obtained judgment in default of appearance. It is clear from the record of appeal that the defendant never entered appearance to the suit filed in the High Court and indeed, the present appeal is said to have been served on him by substituted service. The defendant respondent therefore never participated in the trial in the court below and is not taking part in the present appeal.

The plaintiff/appellant upon receiving an adverse decision against her filed this appeal challenging the decision of the High Court. The notice of appeal was filed …