NSIAH V. OSEI

RULING

MENSA BOISON J.

This is an application at the instance of the defendant for an order to set aside a judgment of the High Court herein dated 4 September 1974.

The action was for a declaration of title to land, and was originally instituted at the Tano Local Court, Bechem, sometime in 1960. On 31 May 1963, by an order of the High Court, it was transferred to the Sunyani High Court for adjudication. The record on the docket shows its chequered career before several judges since that date. It is enough only to recall that on 3 February 1970 it was part-heard before Sampson Baidoo J., when he had to leave the station on transfer. It was left for Anterkyi J. to start hearing it de novo on 7 June 1972. For several reasons for which no blame could be attached to the court, the hearing before Anterkyi J. suffered the same protracted delays, which at long last culminated in the judgment of 4 September 1974.

The facts giving birth to the application may be briefly stated: On 29 July 1974, th…