(2016) JELR 107839 (HC)    
High Court  ·  SUIT NO. RPC/321/2013 ·  22 Jan 2016 ·  Ghana
Core Terms Beta
1st defendant
2nd defendant
3rd defendant
certificate of sale
cross examination
statement of claim
1st defendant’s wife
2nd defendants
burden of persuasion
instant action
officials of the 3rd defendant
sale of the plaintiff
connivance of the 3rd defendant
order of perpetual injunction
res judicata
spouse of the 1st defendant
civil suit
commercial bank
critical examination of the plaintiff
false representation
following issues
following reliefs
further order
given matter
health of the plaintiff
honorable court
only facts
pendency of the injunction 1st defendant
plaintiffs allegation of fraud
plaintiff’s application
public auction
purchaser of his property
recovery of possession of the said property
regards proof of fraud
residential property
rules of court
said property
second defendant
service of an entry of judgment
special cases
subject matter of this action
sufficient evidence
whole case

J U D G M E N T 


On the 11th of September 2013, the plaintiff herein a business man in Prestea - Huni Valley  commenced the instant action against the 1st defendant a purchaser of his property and a gold  dealer in Prestea; the second defendant an auctioneering enterprise and the 3rd defendant a  Commercial bank in Ghana seeking the following reliefs 

i) An order to set aside the sale of the plaintiff’s residential property situate at Prestea  due to the fraud perpetuated by the defendants. 

ii) An order of perpetual injunction on the defendants, their agents, assigns, privies and  agents from claiming or having anything to do with the said property. 

iii) An order for recovery of possession of the said property from the 1st defendant who  claims he has bought the property. 

iv) Damages for trespass. 

v) Any further order(s) as this honorable court may deem fit so to order in the  circumsta…

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