SETH SEADEY V. MRS. GERTRUDE ADJATEY ADDY

JUDGMENT

AGYEMANG JA:

In this appeal against the judgment of the High Court Koforidua, delivered on the 31^st of October 2014, the defendant/appellant (hereafter referred to alternately as the defendant, or the appellant) seeks a setting aside of the judgment of that court.

The matters that have given rise to the appeal are set out hereafter.

The plaintiff/respondent (referred to as the plaintiff, or the respondent) brought suit at the court below for herself and for her siblings, seeking inter alia, a declaration of title to land situate at Srodae, Koforidua, and bounded on all sides by the property of Kofi Adjatey, Kofi Kumah, Defendant’s land and the Koforidua Huhunya Road; recovery of possession, and damages for trespass.

It was the case of the plaintiff that her father who died in 1973 was in his lifetime, a transport owner. She alleged that in 1943, her father acquired a parcel of land with building thereon, from one Kwame Adjaye who conveyed same to the plaintiff’s father with the co…