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GHANATTA AND OTHERS
V.
BOARD OF TRUSTEES OF NICHEREN SHOSHU SOKA GAKKAI

(1993) JELR 66272 (CA)

Court of Appeal 13 May 1993 Ghana
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- Application for stay of execution pending appeal was dismissed because the applicant failed to file a defence or properly challenge the court’s jurisdiction in accordance with procedural rules. - The court held that issues of jurisdiction

Case Details

Judges:ESSIEM JA, ADJABENG JA, LUTTERODT JA
Other Citations:[1992 – 1993] 4 GBR 1532 - 1535 C.A

ESSIEM JA.: This is an application by the 1st defendant-appellant “for a stay of execution of the judgment in default of defence herein pending the hearing and determination of either or both interlocutory appeals herein filed on 22 December 1992 and 11 February 1993 respectively.” The claim before the court was for:

“(1) A declaration of title to plots Nos 86 and 87, Amisa Gon, Dansoman, Accra, with all the buildings thereon, on which the Kaikan (centre for worship) of the plaintiff is situated.

(2) Recovery of possession of the disputed property.

(3) Recall and cancellation of any document affecting the land, prepared by the 2nd defendant purporting to vest the property in the 1st defendant or any other person.

(4) An order of perpetual injunction restraining the 1st defendant his agents, servants, workmen or assigns or any associations or bodies formed by him from in any way interfering with the property in dispute.”

Although the 1st defendant entered appearance, he failed or neglected …

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