MICHAEL ASIAMAH & ANOR
V.
KWAMENA ADDO AGYARKO & 2 ORS

JUDGMENT

B. ACKAH-YENSU, JA

In this appeal against the Ruling of the High Court (Land Division) Accra, delivered on 26^th January 2018, the 1^st Defendant/Applicant/Appellant (hereinafter referred to simply as the “Appellant”) prays that the entire Ruling of the court below, together with the costs awarded, be set aside and the suit be dismissed.

 FACTS

These are the matters that have given rise to the instant appeal.  

On 24^th June 2004, the Appellant issued a writ against the 2^nd Defendant herein and the 1^st Plaintiff/Respondent/Respondent (to be referred to as the “1^st Respondent” hereinafter) at the Circuit Court in Suit No. C1/31/04 titled: Kwabena Addo Adjarko v. Nii Ato Harrison and Michael Asiamah.  From the judgment found on page 65 of the Record of Appeal (ROA) and marked Exhibit KAA-“4”, the Appellant’s claims were as follows:

“(a) Declaration of title over the plot described in the schedule and commonly known as plot No. 3 – All that piece or parcel of land situate, lying and bein…