Anim JA. This is an appeal from the ruling of his lordship Aryeetey J dated 9 March 2004. The facts giving birth to this appeal may be summarised as follows: On 10 September 2001, Nii Ako Nortei II, the Mankralo of Osu, Accra purporting to act as the lawful attorney of the Osu stool, filed in the High Court, Accra, a writ of summons and an accompanying statement of claim which began this action. The writ was indorsed for three reliefs:
“(a) recovery of possession of plots Nos 24, 26 and 51 of the Osu Mantse European Residential Area (Layout), Accra;
(b) an order of perpetual injunction to restrain the defendant from continued occupation of the said plots which belong to the plaintiff; and
(c) mesne profits for the occupation of the said plots from the date of expiration of the lease (of those plots) to the date of judgment.”
The defendant duly entered appearance and on 4 October 2001 filed its statement of defence.
It then came to the attention of Nii Nortey Owuo III, the applic…