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AGYEKUM
V.
BLANKSON

(2024) JELR 114416 (HC)

High Court 13 May 2024 Ghana
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- Plaintiff purchased land from State Housing Company Limited and obtained a lease; Defendant’s husband previously litigated the same land in Suit No. E1/101/2018, where Plaintiff counterclaimed and obtained judgment, including a perpetual

Case Details

Suit Number:E1/75/2022
Judges:BERNARD BENTIL, J
Counsel:DANIEL AMOSAH ESQ. FOR THE PLAINTIFF. DANIEL ARTHUR ESQ. FOR THE DEFENDANT
Location:Capecoast

JUDGMENT

The facts of this case are devoid of complexity. The Plaintiff’s case is simply that she purchased a parcel of land from the State Housing Company Limited following which a Lease was executed in her favour. From the Statement of Claim, the land in dispute was the subject matter of an action commenced by the husband of the Defendant in July 2018. In the said action, the Plaintiff herein counterclaimed and sought a perpetual injunction restraining the Defendant’s husband and all claiming through him.

Fortunately for the Plaintiff herein, judgment was entered in her favour as the Court found that she had legitimately acquired the land in dispute. Consequently, the Defendant’s husband and his privies were perpetually restrained from interfering with the land in dispute. The Plaintiff states that she did not counterclaim for recovery of possession and same was not granted by the Court.

It is the case of the Plaintiff that, the Defendant who was privy to the said judgment has continu…

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