NARTEY KWASI (SUBSTITUTED BY KWEKU NARH) AND ANOR
V.
ASANTE AND OTHERS
SAEED K. GYAN, JA
It had long ago been observed that hard cases make bad law. This is one such case in which sentiment ought to be taken out of the equation to achieve substantial justice in the peculiar circumstances of the case, mindful of Justice Wiredu’s old admonition delivered in his inimitable manner, in FRIMPONG AND ANOTHER V. NYARKO (1998-99) SCGLR 734 at page 742, as follows:
“The justice to be dispensed is justice within the law and not one of sympathy. Judicial sympathy, however plausible can never be elevated to become a principle of law”.
The record shows that this case began its journey in the corridors of our Judiciary as far back as 1987. Indeed, on the 3rd day of September, 1987, the two original Plaintiffs in the case issued out a Writ of Summons in the Registry of the Koforidua High Court against five named Defendants, who were simply identified as:
1) Asante
2) Kwame Kena
3) Kwame Asamani
4) Issa
5) Kweku Ben.
The reliefs sought were for declaration of title to land at a p…
