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EDMUND MENSAH KODZO
V.
LAWRENCE AMENYA LARWEH

(2019) JELR 108083 (HC)

High Court 29 May 2019 Ghana
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- The Plaintiff commenced the action in January 2012 and amended the Writ of Summons and Statement of Claim in April 2017. - The Plaintiff sought a declaration of title, recovery of possession, damages for trespass, and a perpetual injuncti

Case Details

Suit Number:SUIT NO: FAL/279/2012
Judges:ALEXANDER OSEI TUTU
Counsel:SARAH NYARKOA NKANSAH FOR NATHANIEL MYERS ESQUIRE, COUNSEL FOR THE PLAINTIFF; MAVIS DZANDU FOR BELINDA PWAMANG ESQUIRE, COUNSEL FOR THE DEFENDANT.

JUDGMENT

TUTU, J.

The Plaintiff commenced this action per his lawful attorney on 26th January 2012. On 25th April 2017, the Plaintiff amended his Writ of Summons and Statement of  Claim pursuant to the Court Order of 10th March 2016. It is worrying that it took  the Plaintiff more than a whole year before effecting the Order of the Court. It is  becoming a common phenomenon these days for lawyers to disregard the  statutory period for amending processes and doing same at the own convenience,  despite the fact that the Order lapses after 14 days required by the Rules or the  date given by the Court (See Order 16 rule (8) of the High Court Civil  Procedure Rules, 2004 (C.I. 47).   

The reliefs sought by the Plaintiff endorsed on his Writ of Summons are: 

a. A Declaration of title to all that piece or parcel of land situate at Okpoi  Gonno, Teshie covering an approximate area of 0.28 of an acre bounded  on the North East by the Kle-Musum quarters land measuring 110ft more  or less, on the S…

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