EBUSUAPANYIN JAMES FERGUSON (DECEASED) SUBSTITUTE BY EBUSUAPANYIN J. E. FERGUSON v. A. K. IMBEAH (DECEASED) & ORS

HONYENUGA, JA

This is an appeal against the judgment of the High Court dated the 28th day of November 2005. The trial High Court in its judgment had given judgment to the plaintiff/respondent (hereinafter called the plaintiff) as against the defendant/appellant (hereinafter referred to as the defendant).

The plaintiff had originally filed a writ of summons in the District Court, Saltpond which was accompanied by a statement of claim. The defendant also filed a statement of defence and counterclaim. Later, upon an application by the plaintiff, the suit was transferred to the High Court, Cape Coast because the value of the properties in dispute was far in excess of the jurisdiction of the District Court.

By his amended writ of summons which was accompanied by an amended statement of claim filed at the High Court, Cape Coast, the plaintiff claimed as follows:-

“1. A declaration of Title to House No. 2/BLK (now numbered as H/No. 1/99) situate at Bakyer Asoe Baam Anafo Mankessim.

2. An order compelling 1st defendant to render accounts and pay to plaintiff all rents and proceeds accruing from the said house from 1974 to date of judgment.

3. An order compelling defendant herein to surrender and/or return to plaintiff as head of the said family post office saving book No. 59 belong to the uncle Kweku Ehuro.

4. An order for account and payment to plaintiff all rents collected by 2nd and 3rd defendants from plaintiff’s family house No. 2/BLK 133 (now numbered H/No. 199) situate at Bakyer Asoe Baam, Mankesim from 1984 to date of judgment.

5. Orders or the return of plaintiff family linguist stick to plaintiff.

6. An order for accounts by 2nd and 3rd defendants of payment to plaintiff of all forms of rents and proceeds received and/or collected by them from Porko and Pima kinds belonging to plaintiff’s family from 1984 to 1986.

7. An order for injunction restraining defendants herein, their servants, agents, assigns, personal representatives etc. from ever having anything to do with the properties mentioned above.

8. An order for recovery of possession of the said houses and lands”.

Although the defendants filed an amended statement of defence, they abandoned the counterclaim filed in the District court.

It is noted that the 1st and 2nd defendants later died. After the Reply, Summons for Directors was filed and taken as follows:-

“(a) Whether or not plaintiff is entitled to his claims.

(b) Whether or not the defendants are stopped by conduce, lac