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OP. KOFI NYAME-ANE V. MAD MARTHA MENSAH

(2017) JELR 65151 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1169/2016  •  22 May 2017  •  Ghana

Coram
AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J. A.

Judgement

JUDGMENT

TORKORNOO (MRS), J.A.

This appeal has absolutely no merit because it was filed out of time. All the expenses incurred and the time used have been much ado about nothing.

The 1992 judgement in a suit filed in 1990 and titled Madam Martha Mensah v. Opanin Kofi Nyame-Ane formed the basis for the high court suit on appeal herein. The 1992 judgment is found on pages 58 to 63 of the Record of Appeal (ROA). In this judgment, Gyaesayor J (as he then was) had granted inter alia, the first relief sought by the Plaintiff in both that suit and this current one. She had prayed for ‘a declaration that by the judgment in the case of estate of Kwame Bimpeh, Abina Bour v. Kwame Gyankyi, dated 24/7/45 being Suit No. 17/1945 the late Kwame Bimpeh (deceased) of Ayomso only created a Trust in respect of his properties for his children and that the late Gyankyi (deceased) was only a Trustee of the said properties’. In granting that relief on 3rd April 1992, the learned Judge pointed out that the suit…

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