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HUKPORTI & ORS
V.
HUSSEY & ANOR

(2021) JELR 111109 (HC)

High Court 22 Jan 2021 Ghana
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- Plaintiffs challenged a 2016 consent judgment entered by the High Court, Ho (Suit No. LS/9/93: Agbemehia Eda Hussey & Ors v. Komla Ahiabu Hukporti & Ors), alleging it was procured by fraud following terms of settlement agreed by the survi

Case Details

Suit Number:SUIT NO. E2/68/2019
Judges:George Buadi, J
Counsel:Nelson M Kporha, Esq. for the Plaintiffs; Koku Akudey, Esq. for the Defendants.

1 Background

The plaintiffs’ case is that by a civil suit intituled Agbemehia Eda Hussey and 1 Ors v. Komla Ahiabu Hukporti and 2 Ors at the High Court Ho, their father, brother and uncle were sued by the father and uncle of the 1st defendant herein and that the suit was not concluded but purportedly settled under terms of settlement that the court entered as a consent judgment in the suit within circumstances that plaintiffs herein claim to be tainted with fraud. It is concerning this consent judgment based on the purported Terms of Settlement that forms the cause of action and thus a subject matter of this present suit that the plaintiffs commenced by a writ of summons two years ago on 23 January 2019 against the defendants claiming for the following reliefs:

i. A declaration that the purported terms of settlement entered into between the 1st and 2nd defendants in civil suit No LS 9/93 intituled AGBEMEHIA EDA HUSSEY and 1 OR V. KOMLA AHIABU HUKPORTI and 2 ORS was procured by fraud and…

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