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NII KPOBI TETTEY TSURU III & ORS V. AGRIC CATTLE

(2020) JELR 91996 (SC)

Supreme Court  •  CIVIL APPEAL SUIT NO. J4/15/2019  •  18 Mar 2020  •  Ghana

Coram
DOTSE, JSC (PRESIDING) , APPAU, JSC , PWAMANG, JSC , MARFUL-SAU, JSC , KOTEY, JSC

Appearances
AMARKAI AMARTEIFIO FOR THE 1ST PLAINTIFF/RESPONDENT/APPELLANT. PRISCILLA AKYEAMPONG FOR THE 2ND AND 3RD PLAINTIFFS/RESPONDENTS/APPELLANTS. DICK ANYADI FOR THE 1ST AND 5TH DEFENDANTS/APPELLANTS/RESPONDENTS. SAHNOON MOHAMMED FOR THE 4TH DEFENDANT/APPELLANT/RESPONDENT.

Judgement

JUDGMENT

MARFUL-SAU, JSC

The action that has culminated into this appeal before us was originally initiated with a writ filed on 16th May 2008. The writ was filed by the La Traditional Council as the Plaintiff suing per its lawful Attorney Joseph Annang Mensah. The original defendants endorsed on the writ were named as Japan Motors, Agric Cattle, Katamanso (Nii Otoo Laryea) and Santeo (Atta Quarshie). On the 21st January 2009, an amended writ was filed replacing the original Plaintiff, La Traditional Council with La Divisional Council, as the new Plaintiff. The record of appeal showed that the writ and pleadings in the case suffered several amendments till it was further amended by making Nii Tetteh Kpobi Tsuru III, the Plaintiff for and on behalf of the La Stool.

Now, as a result of the several amendments, discontinuance and joinders in the suit, at the end of the trial the parties in the suit were as follows:-

“1. Nii Kpobi Tetteh Tsuru III (Deceased)- Subtituted by Nii Obodai Odai IV, …

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