EBUSUAPANYIN KWAME ATTA (SUBST. BY EBUSUAPANYIN KOFI KWA DUA)
V.
EBUSUAPANYIN KWAKU AMOESI

 JUDGMENT

KULENDI JSC:

INTRODUCTION

1. We have before us an appeal against the judgment of the Court of Appeal, Cape Coast, delivered on the 29^th of June 2022 which reversed the judgment of the High Court dated 22^nd October 2020. Per the notice of Appeal filed on the 19^th of July 2022, the Appellant seeks an order setting aside the Judgment of the Court of Appeal and a further order restoring the judgment of the trial High Court. For ease of reference and for the purposes of this Appeal, we shall refer to the Plaintiff as the Appellant, and the Defendant as the Respondent. 

 BACKGROUND:

2. The backdrop against which the     instant appeal was mounted are as follows:

The Appellant, in his capacity as Head of the Aboradze family of Akatakyiwa, filed a Writ of Summons and Statement of Claim on 28^th October 2009. This was then subjected to several amendments culminating in an “Amended Amended Statement of Claim” filed on the 6^th of February 2015.  In reaction to thi…