NII PAUL AYITEY TETTEH, TETTEH QUARCOO vrs ... - Jtighana.org

“In this appeal from a judgment of the High Court, Kumasi, disallowing the
plaintiff-appellant’s claim for damages for trespass to land, it was argued that,
(1) the judge had erred in giving judgment for the defendant as there was no
defendant before the court. Counsel for the plaintiff-appellant relied on the
following extract from the record of proceedings:
“On Wednesday, 11 th January, 1961, before Apaloo, J.
Part-Head—Resumed from 1-11-60 p. 99.
Amoaten for plaintiff.
Lutterodt for defendant.
Lutterodt: - I understand Chief of Assachere has abdicated and no one
occupying stool. I ask for short adjournment to mate a substitution.
Amoaten: - I must point out this case started long ago. It is most
unfortunate. I am for plaintiff and suggest some witnesses be taken.
Court: - This writ was issued since 1937 and has had a most unfortunate
career. It was part-heard from 1-11-60 and fixed for two days. I am not
prepared to give opportunity for the hearing of this suit to be prolonged
further, especially in view of the fact that if I accede to this application now,
this suit may not be heard this year. The application for adjournment is
refused and I rule that hearing should proceed.”
Held:
X X X
X X X
(2) a stool is a corporation sole and whenever a stool comes to be properly
and legally before the court, should the stool occupant thereafter cease to
hold office, he, the stool occupant ceases to be before the court, but not
the legal entity which is the stool. Dicta of Deane, C.J. in (1930) I
W.A.C.A. 80 at p. 83 cited; Quarm v Yankah II
(3) since Order 16, rule 36, provides in certain eventualities for the trial of an
action to proceed in the absence of the defendant, it is the responsibility of
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