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REPUBLIC V. HIGH COURT, KOFORIDUA; EX PARTE OTU

(1996) JELR 68085 (SC)

Supreme Court  •  2 Apr 1996  •  Ghana

Coram
AMUA-SEKYI JSC, AIKINS JSC, CHARLES HAYFRON-BENJAMIN JSC, AMUAH JSC, AKUFFO JSC

Judgement

CHARLES HAYFRON-BENJAMIN JSC

The applicant herein, Samuel Yaw Otu, was the plaintiff in a land case which was commenced in the District Court Grade I, Nsawam in the Eastern Region. It appears that the original defendant, Agnes Yaa Kwaafi was at all times represented by Rev S Odei Asare who claimed first as an administrator and subsequently as the defendant’s “lawful attorney.” Rev Odei Asare by his sworn affidavit in opposition to the present application averred that he was the son of the defendant, his mother, who died in the course of the hearing of the suit in the district court and that he had thereafter applied to be substituted for the mother. By his affidavit the court had so substituted him for his late mother. He was therefore the interested party.

Judgment in the case was delivered in favour of the present applicant on 18 January 1994. On 25 January 1994 the defendant appealed from that decision to the High Court, Koforidua. Having fulfilled the conditions of appeal, he receiv…

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