ANIN YEBOAH, J.S.C:-
This is an appeal against the judgment of the Court of Appeal dated the 13/03/2006.  The Court of Appeal allowed an appeal against the judgment of the High Court, Kumasi which was delivered on 15/07/2002.  The Plaintiff/Respondent/Appellant who for the sake of brevity shall be referred to as the Appellant herein on 25/10/1996 issued a writ of summons against the Defendant/Appellant/Respondent (who shall be referred to in this judgment as the Respondent). 