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OPOKU
V.
TWUM (DECEASED)

(2026) JELR 114959 (SC)

Supreme Court 18 Mar 2026 Ghana
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- The Appellant sought to restore an appeal dismissed by the Court of Appeal on 18 February 2015 for want of prosecution after failing to appear at the hearing; the dismissal was pursuant to Rule 23(1) of the Court of Appeal Rules, 1997 (C.

Case Details

Suit Number:J4/68/2024
Judges:LOVELACE-JOHNSON (MS.) JSC, ASIEDU JSC, GAEWU JSC, KWOFIE JSC, DZAMEFE JSC
Counsel:HANSEN KWADWO KODUAH ESQ. FOR THE DEFENDANT/APPELLANT/APPELLANT. K. A. ASANTE-KROBEA ESQ. FOR THE PLAINTIFF/RESPONDENT/RESPONDENT WITH DR. JOSEPH KWAKU ASAMOAH ESQ.

JUDGMENT


ASIEDU, JSC:

[1.0]. INTRODUCTION

My lords, this is an appeal against the ruling of the Court of Appeal dated the 20th December, 2023, in which the Court of Appeal refused an application by the Defendant/Appellant/Appellant (hereinafter referred to as the Appellant) praying the Court to restore an appeal which had been dismissed by the Court on the 18th February, 2015. The Plaintiff/Respondent/Respondent shall hereinafter be referred to as the Respondent.

[2.0]. FACTS

My lords, the undisputed facts on record are that, by an amended writ of summons and accompanying statement of claim, the Respondent claimed against the Appellant before the High Court, Kumasi, reliefs in the following terms:

(a) All that cocoa and food crops farm at a place commonly known and called Anyinasuona near Ahenkro/Ashanti on Ahenkro/Ashanti stool land and bounded with the farms and or parcels of land of Kweku Owusu, Opanin Boamah and Opanin Bannor.

(b) All that cocoa farm and farmstead situate at a place comm…

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