JUDGMENT
By an order dated the 24th November 2009, the Honourable Chief Justice transferred this suit from the High Court, Tema to me as additional High Court Judge to continue the trial in view of the death of the late Justice Gyamera Tawiah.
Hearing of the case had ended before the death of Justice Gyamera Tawiah but judgment had not been delivered. The record of proceedings which was transferred had gaps so same was remitted to the Registrar of the High Court, Tema for the gaps to be filled to make the record complete. This was done and both parties agreed that the proceedings taken before the late Justice Gyamera Tawiah be adopted.
As at this time the original 1st defendant Nii Daniel Tetteh Oglie who had testified for himself and the 2nd defendant had died and after a series of adjournments he was substituted by Emmanuel Tetteh Oglie on the 23rd January 2012 by an order of this court.
By the writ of summons which was amended as a result of the substitution of Emmanuel Tetteh Oglie, t…