OLLENNU J.S.C.: The plaintiff-appellant herein, and the defendant-respondent herein, are sister and brother of the whole blood. The suit commenced with a writ of summons issued out in the Local Court B of Nsaba on 16 March 1960; judgment was given by that court in favour of the plaintiff on 11 November 1960, but the same was set aside by the High Court, Cape Coast, on 17 November 1961, on the ground of irregularity, and a new trial was ordered. It was eventually tried by the Nyakrom-Nkum Local Court.
The writ of summons is in the nature of pleadings and it is as follows:
“The plaintiff was in 1957, declared the customary successor to the late Kofi Eburahin by the head and principal members of her family. Plaintiff then being a native doctor living at Mankesim, could not manage the affairs reposed on her and therefore appointed the defendant to act for her. Plaintiff has now come home and is asking for her right but the defendant has flatly refused to recognise her as such. Plaintiff the…