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JESSE W.N FLAMER AND ANOTHER
V.
KOFI AGYEMANG AND ANOTHER

(2018) JELR 64646 (CA)

Court of Appeal 26 Jul 2018 Ghana
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- The case is an appeal against a ruling from the Land Division of an Accra High Court, which dismissed the plaintiffs' action to set aside a judgment they claim was obtained by fraud. - The plaintiffs sought to declare that a statutory dec

Case Details

Suit Number:APPEAL NO: H1/54/18
Judges:F.G. KORBIEH J.A. (PRESIDING), CECILIA H. SOWAH (MRS.) J.A., H. A. KWOFIE J.A.
Counsel:C. S. SACKEY FOR THE PLAINTIFFS/APPELLANTS,PETER ZWENNES FOR THE DEFENDANTS/RESPONDENTS

JUDGMENT

F.G. KORBIEH, J.A.

This is an interlocutory appeal from the ruling of the Land Division of an Accra High Court given on the 24/6/2016 in which the trial High Court dismissed the plaintiffs/appellants’ action to set aside a judgment allegedly obtained by fraud by the defendants/respondents from another Accra High Court. The brief historical antecedent of the case leading to the afore-mentioned ruling is as follows.

The plaintiffs/appellants (hereinafter referred to only as the plaintiffs) sued the defendants/respondents (hereinafter referred to only as the defendants) in the Land Division of an Accra High Court seeking the following reliefs:

a) Declaration that the statutory declaration made by Ernest Ammah Ansah in 1977 describing the Odai Ntow Family Lands at Kwabenya and Ashongman is not a true reflection of the land adjudged in the Odai Ntow Family in the Bosompim and Ors v. Martei and Ors case of 1904.

b) A declaration that the 1977 statutory declaration made by Ernest Ammah A…

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