JUDGEMENT
AMADU JSC: -
INTRODUCTION
(1) This appeal emanates from the judgment of the Court of Appeal dated 20th May, 2021 wherein the Court of Appeal reversed the decision of the High Court, Land Division-Accra, dated 27th February, 2019 in favour of the Plaintiff/Appellant/ Respondent/Cross/Appellant. For purposes of consistency, the parties shall bear the designations assigned them at the Trial Court, simply as “Defendants and Plaintiff”.
(2) The appeal, though straight-forward in terms of the substantive issues for determination is however shrouded in various technicalities from the Trial High Court to this court. As a court of last resort, this court has always been circumspect in determining cases without sacrificing substance on the alter of technicalities unless the technical issue raised is of a kind which is indisputably fatal to proceedings and manifestly unanswerable on the peculiar facts of each case and relevant law.
(3) The issues arising for determination in this appeal res…