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MILPAR INVESTMENTS & DEVELOPER LTD. & ANOR.
V.
ALRED NII QUARTEY-PAPAFIO & ORS.

(2019) JELR 108165 (HC)

High Court 15 Jan 2019 Ghana
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- The plaintiffs claimed that they acquired a large parcel of land from the defendants through a deed of assignment. - The defendants executed terms of settlement with another party, which affected the plaintiffs' interest in the land. - Th

Case Details

Judges:BARBARA TETTEH-CHARWAY
Counsel:MIRACLE ATTACHEY FOR JUSTIN AMENUVOR FOR PLAINTIFF; SAMIR IBRAHIM FOR MOHAMMED SAHNOON FOR 4TH DEFENDANT; PROSPER NYANA FOR 5TH DEFENDANT.

JUDGMENT

TETTEH-CHARWAY, J.

[1] In their amended writ of summons and statement of claim, the Plaintiffs asserted that  by a deed of assignment dated 12th April 2011, the 1st Plaintiff, acting by its managing  director, the 2nd Plaintiff, acquired a large parcel of land measuring 126.038 acres from  the 1st, 2nd and 3rd Defendants, who are administrators of the estate of the late Benjamin  Quartey-Papafio.  

[2] Plaintiffs’ case is that, in a suit to which they were not parties, the 1st, 2nd and 3rd Defendants executed terms of settlement with the 4th Defendant. The said terms of  settlement, which was adopted as consent judgment, affected Plaintiff’s interest in the  land subject matter of the said deed of assignment.  

[3] Plaintiffs claim that the conduct of the 1st, 2nd and 3rd Defendants amounts to fraud in  that they knew or ought to have known that having divested themselves of any interest in the land, subject matter of the said deed of assignment, they had no right to make it  par…

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