JUDGMENT
ANIN YEBOAH, JSC
The facts of this appeal appear not to be in controversy. The plaintiff/Respondent (who shall hereafter be referred to as the plaintiff) commenced an action against the defendant/appellants (who shall be referred to as the defendant) in this appeal at the Fast Track High Court, Accra. The action was brought in a representative capacity by the plaintiff suing as the head and lawful representative of Ayaa Kwabla family.
It appeared that in a previous suit titled: suit No 1/2001: IDDDRISU AMAA TETTEY v. WINFRED OTUATO ARYEH and OR, the trial judge, His Lordship Mr. Justice Victor Ofoe had on 22/08/2002 determined a land suit in favour of the plaintiff herein and made far-reaching consequential orders in favour of the plaintiff against the defendants.
For a fuller record, the order which the learned judge made that resulted in the commencement of this case on appeal before us is as follows:
“The understanding I will put on Exhibit “c” is that defendants’ site plan sh…