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MANKRALO OTIBO IV
V.
TETTEH TEYE AKPEM

(2021) JELR 109533 (CA)

Court of Appeal 4 Nov 2021 Ghana
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- Plaintiff sought to set aside a 2013 High Court judgment (Tetteh Teye Akpem v. West Coast Farms Ltd.) on grounds of fraud, and to be declared the lawful Head of the Gbese Kpono Dongotsonya Zaindor (GKDZ) family; defendant counterclaimed t

Case Details

Suit Number:H1/13/2020
Judges:Sowah, J.A. (PRESIDING) Oppong, J.A. Mensah-Homiah, J.A.
Counsel:Sammy Addo with Moses Zizer Esq. for Plaintiff/Appellant; Francis Polley Esq. (ASA) for Defendant/Respondent.

SOWAH, J.A

Introduction

This appeal is by the plaintiff/appellant against the judgment of the High Court Koforidua dated 15th April 2019 which is at pages 162-179 of Vol.1 of the record of appeal. The Notice of Appeal was filed on 26th April 2019 and is at pages 181-183, Vol. 2 of Record.  The plaintiff/appellant and the defendant/respondent will hereafter be referred to by their designations at the trial court.

Background Facts

In a writ issued at the High Court Koforidua on 28th January 2015, the plaintiff sought the following reliefs:

a.  The setting aside of judgment in suit no: CI/47/2013 entitled Tetteh Teye Akpem v. West Coast Farms Ltd. dated 18/72013 on the grounds of fraud and fraudulent representation.

b.  Declaration that the plaintiff is the lawful Head of the Gbese Kpono Dongotsonya Zaindor family

c.  Perpetual injunction against the defendant for holding himself as and or initiating action in the capacity of Head of Gbese Kpono Dogontsonya Zaindor family on behalf of the said …

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