EDUSIE J.A.: In this appeal I shall simply refer to the plaintiff-respondents as the plaintiffs and the defendant-appellant as the defendant. The amended claim on the writ reads:
“The plaintiffs as the chief and elders of the Tovie tribe of Tegbi in the Volta Region claim for themselves and the said Tovie tribe an order against the defendant declaring a judgment allegedly obtained by the defendant’s predecessor in the Anloga Native Court B on 14 May 1953 in a case entitled: Moses Kwesi Agbemabiase (for himself and on behalf of George Agbemabiase Family of Tegbui —plaintiffs
v.
1. Kwame Ahiagble Dzisam
2. Amedome Kwakuvi all of Tegbui —defendants
and
1 Hahormene Kwami Horsuglo
2 Nicholas Brutus Zervu —co-defendants
3 Kwasi Gbordzi
4 Efu Koklo Dzisam
(for themselves and on behalf of the Tovie tribe of Tegbi) and tendered at the Circuit Court, Ho in a case of the same title and marked exhibit A as null and void on the grounds that the said judgment was obtained by fraud, misrepresentation…