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EMMANUEL O.K. MARTINS & ANOR.
V.
KING GEORGE ENTERPRISE

(2016) JELR 107802 (HC)

High Court 14 Dec 2016 Ghana
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- The plaintiffs, who are joint heads of the Daniel Edward Martins family, filed a case against the defendant for the lease or sale of their family property. - The plaintiffs argued that the defendant did not obtain the property from the ri

Case Details

Suit Number:SUIT NO. BMISC 914/2014
Judges:PATIENCE MILL-TETTEH (MRS.)
Counsel:FELIX QUARTEY FOR PLAINTIFF

JUDGMENT 

Title to family property cannot be transferred by one family member without the  consent of the others, and any such transaction is voidable and it is no wonder  that the defendant herein has abandoned his case perhaps having realized that he  did not obtain his interest in the property in dispute from the rightful owners who  instituted this action on 26/06/14 with the following reliefs; 

1. Declaration that the purported lease or sale of plaintiff’s family property  described as house no D891/3 derby Avenue, Accra is null and void.

2. Recovery of the cost of rebuilding structures demolished by the defendant  on the plaintiff’s land. 

3. Damages in diem for trespass

4. Perpetual injunction restraining the defendant his agents and assigns from  however interfering with the plaintiff’s family’s quiet enjoyment. 

The plaintiffs are joint heads of the Daniel Edward Martins family and sue on  behalf of the beneficiaries of late Daniel Edward Martin. The plaintiffs have been  in quie…

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