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BENJAMIN ANOE QUARCOO & JOSEPH TETTEH QUARCOO
V.
MR. ANTWI & JESSIE'S BLOCK WORKS

(2008) JELR 67800 (CA)

Court of Appeal 22 Jun 2008 Ghana
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- The plaintiffs filed a lawsuit against the defendants seeking a declaration of title to a parcel of land, recovery of possession, and other relief. - The plaintiffs were unable to serve the defendants directly and filed an application for

Case Details

Suit Number:CIVIL APPEAL NO. 137/99
Judges:QUAYE J.A. [PRESIDING], DOTSE J.A., APALOO J.A
Counsel:MR. W.A.N. ADUMUA-BOSSMAN FOR PLAINTIFFS/APPELLANTS ,MR. DAVID NII-AMPONSAH FOR DEFENDANTS/RESPONDENTS

QUAYE, J.A.

This appeal is from the ruling of the High Court, given on 10th March, 1998. The plaintiffs, who are the appellants herein, commenced the action against the defendants [now respondents] on 8th February, 1990 seeking a declaration of title to a parcel of land described in the writ of summons; recovery of possession, and other relief. The plaintiffs/appellants, claiming that they were unable to effect direct or personal service on the respondents, filed an application on 8th February, 1996 for an order for substituted service. This application was heard and granted on 12th February, 1996. The record of appeal shows that the appellants pursued the action and obtained judgment in default of appearance, judgment in default of defence and a writ of possession all between the date the motion for substituted service was filed on 8th February 1996 and 31st July 1996 when leave to issue writ of possession was granted. On Monday 2nd September 1996, the appellants began the execution p…

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