G. S. ANYETEI
V.
KOFI ANI & 12 ORS.

JUDGMENT

SOWAH, J.A.

In this judgment I refer to the plaintiff/appellant as the plaintiff and the defendants/respondents as the defendants.

The plaintiff is appealing the decision of the High Court Koforidua dated 4th September 2019, granting leave to the defendants to issue a writ of execution in respect of judgments that the defendants obtained on their counter-claim from the trial High Court on 9th February 1990 and the Court of Appeal on 28th July 1994

Background Facts

On or about 30th May 1985, G.S. Anyetei for himself and on behalf of the Leshie family of Labadi, sued thirteen defendants at the High Court, Koforidua for declaration of title to a parcel of land, mesne profits and an order of perpetual injunction. 

After trial, the plaintiff’s claims were dismissed by Abakah J on 22nd December 1989. The reasons for his decision were however given on 9th February 1990. [See pages 79- 90 of the record of appeal]. 

The trial Court also held the defendants to have the capacity to counter-cla…