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JOANA COBBLAH (SUING PER HER LAWFUL ATTORNEY EVA DUNCAN SMITH)
V.
JOSEPH SMITH

(2019) JELR 108124 (HC)

High Court 8 Apr 2019 Ghana
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- The Plaintiff initiated this action on 23rd May 2014, seeking a declaration of title to House Number 181 North Kaneshie-Accra, recovery of possession of the house, an order for the Defendant to account for all rent collected from tenants,

Case Details

Suit Number:SUIT NO: FAL/678/2014
Judges:ALEXANDER OSEI TUTU
Counsel:CHARLES BAWADUAH FOR THE PLAINTIFF; CANDY FRIMPONG BAIDOO FOR THE DEFENDANT.

JUDGMENT

TUTU, J.

The Plaintiff commenced this action per her lawful attorney on 23rd May 2014.  Per the amended writ of Summons filed on 16th July 2014, the Plaintiff sought the  following reliefs: 

a. A Declaration of title to House Number 181 North Kaneshie-Accra.

b. Recovery of possession of the said house. 

c. An order directed at the Defendant to account for all rent collected from  the tenants. 

d. Perpetual Injunction restraining the Defendant, his agents, assigns, privies,  from entering and or interfering with the Plaintiff’s right of ownership of  the said house. 

e. Costs. 

The records show that the Plaintiff subsequently applied to the Court for leave to  amend her Statement of Claim which was granted by the Court on 4th May 2015.  However, it appears that the Plaintiff did not amend the Statement of Claim as  required by the Rules of Court, so the order elapsed (See Order 16 Rule 8 of the  High Court Civil Procedure Rules, 2004 (C.I. 47). The Courts have applied  the rule in …

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