FOSTER, J.A.
In 1997, the Plaintiff/Respondent (hereinafter called the Plaintiff) sued out a writ in the High Court, Accra against the Defendant as tenant claiming (as per amendment statement of claim dated 14th July, 1998):
(1) An order of ejectment from property No 109, East Cantonments, Accra.
(2) Rent arrears of the cedi equivalent of US $ 38,250
(3) Interest on the said sum from 1st July, 1996 to date of payment.
(4) Mense profits.
The Defendant duly entered appearance and resisted the claim. Essentially, the defendant denied that the plaintiff was his landlord and contended that the sale of the property by the previous owners to the plaintiff was a sham.
The trial High Court Judge on 30th January, 1998 granted plaintiff’s summons for Summary judgment, observing that
“On the pleadings so far filed in the suit, it is my considered Opinion that the application should be granted”.
The defendant appealed to the Court of Appeal and applied to the trial court for stay of execution and upon th…