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GLADYS DORMAN & ABIGAIL QUAINOO
V.
DIANA FENNING & ARNOLD QUARTEY

(2004) JELR 64254 (CA)

Court of Appeal 25 Jun 2004 Ghana
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Case Details

Suit Number:CIVIL APPEAL NO.: 49/2003.
Judges:ANSAH JA [PRESIDING], AMONOO-MONNEY JA, TWENEBOA-KODUA JA
Counsel:ANTHONY NORVOR FOR APPELLANTS NATHANIEL MYERS FOR RESPONDENTS

AMONOO-MONNEY, J.A.

The parties in this case are all blood relations. The two respondents are sisters. The first appellant is the grandaunt of the respondents, the second appellant is the uncle of the respondents and nephew of the first appellant.

2. On 22nd June, 1998 the respondents, as plaintiffs, sued out a Writ of Summons against the appellants, as defendants, in the Circuit Court, Accra claiming—

"(a) Declaration that H/No. A. 234 West Korle Gonno now known as H/No. A. 630/3 Mamprobi, Accra is family property and the Plaintiffs and their siblings have a right to stay (sic) in said house.

(b) Order of perpetual injunction restraining the Defendants, their agents or heirs from interfering with the quiet enjoyment of Plaintiffs and their siblings as family members of H/No. A. 630/3 Mamprobi, Accra." In their Statement of Defence which was filed on 3rd July, 1998 the appellants counterclaimed against the respondents for—

"(a) An Order of recovery of possession of their rooms occupied by…

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