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BAFFOE-BONNIE JSC:-
The events culminating in this instant appeal have been faithfully recounted in material detail in the judgment of the Court of Appeal and also the statements of case of the parties. We do not therefore intend to set them out in extensor. Suffice to say that for a fuller and better appreciation of our judgment we will summarize the material facts and events that have led to this appeal before us.
Mr. Charles Lawrence Quist, now deceased, instituted action at the High Court, Accra, against Ahmed Danawi, for ejectment from a plot of land that was leased to him and his brother, Abdulatif Danawi, because according to him, the two of them had denied his title to the land and therefore forfeited the lease. Ahmed contested the action upon the basis that they had not denied Mr. Quist’s title, so the main issue that called for determination at the trial court was whether the two brothers had denied their landlord’s title and forfeited the lease.
The plaintiff gave evidence was cross-examined and he closed his case. When it was time for the defendant to open his defence, he was absent and his counsel informed the court that since his defence was purely documentary, he sought permission and same was granted for the documents to be tendered. The documents were allowed in and the defendant closed his case. Counsel for the plaintiff was Mr. Ahenkorah while counsel for the defendant was Mr. Norvor. The trial judge who presided over the proceedings up to this stage was the late GyamerahTawiah J. At the close of day both counsel were informed to file their respective addresses by 8/11/2002 whereupon the parties would be notified of the date for judgment. In pursuance of that, defendant’s counsel, Mr. Norvor, filed the relevant documents on 24th September 2002 after which an address was filed on behalf of the plaintiff.
This was the state of things when the suit was finally transferred by the CJ to Justice Bright Mensah following the demise of Gyamerah-Tawiah J.Bright Mensah J. ordered that the record of proceedings taken before GyamerahTawiah J, should be typed so that the parties may adopt the proceedings for the case to proceed.
When both counsel appeared before justice Mensah, there was an initial discussion on the exact status of the case. WhilstAhenkorah, who had all along represented the plaintiff, informed the court that thecase had gone through trial and was left with judgment to be delivered, Mr. Yoni Kulendi, who had recently been appoint