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DANIEL A. BORTEY & ANOR
V.
JOSEPH ASUMADU & ANOR

(2016) JELR 108414 (HC)

High Court 18 Nov 2016 Ghana
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- The plaintiffs are claiming against the defendants as beneficiaries of the estate of the late Seth Noi Bortey. - The plaintiffs are seeking a declaration that a previous judgment in a different case was irregular and should be set aside.

Case Details

Suit Number:BL 310/08
Judges:JUSTICE ELIZABETH ANKUMAH (MRS)
Counsel:COUNSEL FOR PLAINTIFFS: BEN ANNAN COUNSEL FOR 1ST DEFENDANT: DORA OCQUAYE NORTEY FOR OPOKU ADJAYE FOR 1ST DEFENDANT.

JUDGMENT 

The Plaintiffs claim against the Defendants as beneficiaries of the estate  of the late Seth Noi Bortey as follows:- 

a. A declaration that the judgment in Suit No. AL31/2004 entitled  “Joseph Asumadu Nyarko V. Christopher Bortey” at the High  Court, (Fast Track), Accra was irregular procedurally and  substantially not warranted in law and same be set aside as null  and void. 

(b) A declaration that the initiation of the writ and procurement of the  judgment in the said suit was actuated in fraud and same be set  aside as null and void. 

(c) An order of perpetual injunction restraining the 1st defendant, his  assigns, representatives, agents, etc. from interfering with the  Plaintiff’s interest in the said land and a restraining order against  the 1st and 2nd defendant from processing the facilitating the interference in Plaintiff’s interest as well as carrying an execution  under the said judgment in suit No. AL 31/2004. 

(d) Special and general damages.” 

It is the claim of the…

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