A. M. DOMAKYAAREH (MRS), J.A
1. This is an Interlocutory appeal from the Ruling of the High Court Cape Coast dated 7th July 2008. In the said Ruling the Learned Trial Judge dismissed the Application of the Defendant/Appellant herein to invoke and rely on Section 10 of the Limitation Act, 1972 (NRCD 54).
2. The facts of the substantive case are that the Plaintiff/Respondent herein as Head of the Dadzie Kuma Kona family of Akatakyiwaa issued a Writ of Summons against the Defendant/Appellant herein in his capacity as Head of Adwinadze family of Biriwa. In an Amended Writ and accompanying Amended Statement of Claim, the Plaintiff/Respondent sought the following reliefs:
i. A declaration of title to all that containing tracts of land described as ANHIABAFUFU, PATAABU, EGYABIANAKYIR (portions of this are also referred to as ARABAAMU AND EGYABIRIM) AND ANKUMABOM
ii. Declaration that the Defendant’s family are estopped per rem judicatam from the decision of the Native Tribunal of Yamoransa in the…