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JUDGMENT
AYEBI J. A. 1. On 12/07/2004, Opanin Kwabena Akyamfour sued the defendant/appellant for: (a)Declaration that he is by succession the landlord of H/No. OTB 219, Adum-Kumasi.
b)An order declaring as null and void the purported agreement between the defendant and one Kwaku Addae dated 3rd day of October 2003 in respect of H/No. OTB 219, Adum-Kumasi.
c) An order of recovery of possession of H/No. OTB 219, Adum-Kumasi.
d)And such further order or orders as may be deem fit.
2. The writ of summons was accompanied by a statement of claim.
In the statement of claim, it appeared that Opanin Kwabena Akyamfour sued in the capacity of head of family of the Ahenbronum Ayokoo Clan of Asotwe near Ejisu.
Defendant in a statement of defence denied the claim of the plaintiff, Opanin Kwabena Akyamfour.
The plaintiff set out the issues for trial.
On 22/02/2005, the court set down the issues for trial in the presence of Nana Kofi Adu as plaintiff and the defendant, Kwabana Kesse @ Kessben.
Thereafter, on 16/03/2006, Opanin Kwabena Akyamfour as plaintiff brought an application, per his counsel for substitution.
The affidavit in support of the motion was sworn to by Nana Kofi Adu, plaintiff/respondent herein saying that he is now the head of family to which the late Kwabena Akyamfour belonged and that on the 40th day celebration of the deceased, he was appointed to succeed him as the head of family.
At the hearing on 11/04/2006 of this application however, Nana Kofi Adu was put down as the plaintiff.
But the court notes described him as the applicant and plaintiff as dead.
3. In any case the court granted the application and ordered Nana Kofi Adu to be substituted for the late Kwabena Akyamfour.
Further, the court ordered that the applicant should take steps to get the title of all processes filed so far amended accordingly.
4. Order 4 rule 6 of the High Court (Civil Procedure) Rules, 2004 (C. I. 47) provides for change of parties by reason of death or bankruptcy.
In subrule 6 of rule 6 of Order 4, it is required that the applicant for substitution must procure the order for substitution to be noted in the Cause Book by the Registrar, thereafter, unless the court otherwise directs, the order must be served on all parties to the proceeding, including the newly joined party and persons who have ceased to be parties by virtue of the order.
It is made clear in subrule 7 of rule 6 that the new party becomes a party to the proceeding from the date of the order for s