FRANCOIS J.S.C.: The subject matter of this appeal is a house situate on plot No.5, Block N, Asuakwa, New Amakom Extension, Kumasi. The plaintiff sought a declaration that the lease in respect of the plot, which bore her deceased husband’s name, should be cancelled on grounds of fraud. The action was against the defendant as successor of the plaintiff ‘s husband, who counterclaimed for a declaration in the family’s favour.
The issues raised for trial required a detailed examination of the facts and a personal evaluation of credibility by the trial judge. The trial commenced before the late Koranteng-Addow J. (as he then was) on 8 May 1973, running through to March 5 1975.
The record does not disclose what transpired on 18 March 1975, a date to which the case had been adjourned. But judgment appears to have been duly delivered on 6 May 1985 in favour of the plaintiff awarding her ancillary reliefs and dismissing the defendant’s counterclaim. The interval of ten years between the last hea…