MARGARET DUNCAN WILLIAMS
V.
EDWARD DUNCAN WILLIAMS

(2018) JELR 107897 (HC)    
High Court  ·  SUIT NO: BMSC 732/2010 ·  18 May 2018 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO
Core Terms Beta
applicant
court
2nd plaintiff
1st plaintiff
judgment
affidavit
writ of possession
common law
law
plaintiffs
entry of judgment
rules of court
stay of execution
instant application
legion of cases
mother 1st plaintiff
victorious party
1st plaintiff of fraud
applicant’s counsel nkrabea effah dartey
bbc industrials co
chapel hill properties ltd
city express bus services ltd.
civil suit
copy of affidavit of 2nd plaintiff
court’s opinion
different court room
facts of this case
first set of alternatives
general position of the law
general rule
high court civil procedure rules
issue of gift
judgment of the court of law
known execution processes of the law
legal basis
particular application
particular writ
previous document
principle of law
said affidavit
said exhibit
satisfaction of the judgment
set aside writ of possession
supreme court
valid gift
writ of execution

RULING 

Background: 

[1] The facts of this case are free from complexity. On July 27, 2016 this Court presided over  by His Lordship, Mr. Justice E.F. Dzakpasu granted the Plaintiffs/Respondents claim for reliefs  endorsed on their Writ as: 

i. Declaration that Defendant fraudulently made 2nd Plaintiff to sign papers transferring the land  on which Defendant built House No. 42, Mensah Wood Road, East Legon, Accra into his name;

ii. An order that Defendant complies with the agreement between the parties by replacing 2nd  Plaintiff’s land with another land at East Legon together with a fence Wall and foundation for two  three-bedroom houses, or in the alternative an order declaring 2nd Plaintiff the owner of House  Number 42, Mensah Wood Road, East Legon, Accra;  

iii. Recovery of £15,000 or its Cedi equivalent being the balance of £32,000 1st Plaintiff gave to  Defendant.  

[2] The Plaintiff/Applicant filed an Entry of Judgment and after over five years according the  Plaintiffs the Defen…

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