IN THE CONSOLIDATED SUITS BETWEEN NANA KWATA YAMOAH (SUBSTITUTED BY NANA KOJO ENYAN) VS EBUSUAPANYIN K. YEBOAH (SUBSTITUTED BY EBUSUAPANYIN YAW ANSAH) AND NANA KWATA YAMOAH (SUBSTITUTED BY NANA KOJO ENYAN) VS EBUSUAPANYIN K. YEBOAH (SUBSTITUTED BY EBUSUAPANYIN YAW ANSAH)

JUDGEMENT

KULENDI JSC:-

INTRODUCTION

This is an appeal against the judgment of the Court of Appeal dated 21st April, 2021 by which the Court of Appeal, unanimously overturned a judgment of the High Court of 29th March, 2018.

Aggrieved by the said decision, the Plaintiff/Respondent/Appellant (hereinafter called “the Appellant”) has filed a notice of appeal dated 15th October, 2021 upon the grounds contained therein, seeking to set aside the judgment of the Court of Appeal and to restore the said judgment of the High Court.

BACKGROUND

The instant matter arises from two different suits in the High Court, namely, Suit No.: LS.50/02 entitled Nana Kwata Yamoah v. Ebusuapanyin K. Yeboah and Suit No.: LS.1/03 entitled Nana Kwata Yamoah v. Ebusuapanyin K. Yamoah, which were consolidated.

By a writ of summons filed on the 3rd of December, 2002, which was subsequently amended on 19th July 2010, the Appellant, in his capacity as Odikro of Gomoa Nsuaem commenced an action against the Defendant/Appellant/…