Customer Support

ARMEEN KASSARDJIAN & 3 ORS.
V.
JAMES SIAN NARTEH & 2 ORS.

(2014) JELR 67894 (CA)

Court of Appeal 10 Apr 2014 Ghana
BriefBot icon

BriefBot Summary

Free

- Default judgment set aside as writ of summons was invalid for failing to state defendants’ addresses, contrary to the mandatory requirement of Order 2 r. 3(2) of C.I. 47. - Substituted service cannot be ordered where the writ lacks the es

Case Details

Suit Number:CIVIL APPEAL SUIT NO: H1/146/2013
Judges:KUSI-APPIAH J.A. (PRESIDING), DORDZIE J.A., DZAMEFE J.A.

KUSI-APPIAH, J.A.

This is an appeal from the ruling of the High Court (Land Division), Accra dated 8th day of November, 2013 in favour of the plaintiffs, now the respondents against the four defendants now the appellants herein. In this judgment, we shall refer to the parties by their positions in the court below. The facts which gave rise to this appeal can be nutshelled as follows:

On or about the 7th of February, 2008, the plaintiffs took out a writ of summons accompanied by a statement of claim against the defendants at the High Court (Land Division), Accra claiming the following reliefs:-

“(1) Declaration of title to all that piece or parcel of land situate lying and being at New Ningo-Dangme West District in the Greater Accra Region of the Republic of Ghana covering a total area of 6.69 acres.

(2) Deletion of the names of the defendants from the records of the Lands Commission.

(3) Perpetual Injunction restraining the defendants, their agents, assigns, etc from interfering with plain…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.