MOHAMMED ODARTEY LAMPTEY
V.
LANDS COMMISSION & 3 ORS.

(2020) JELR 108595 (HC)

High Court 27 Feb 2020 Ghana
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- The 2nd, 3rd, and 4th Respondents filed an application to set aside a Writ of Possession issued by the Court. - There was a clerical error on the Notice of Motion, which the Court allowed to be amended. - The Respondents argued that they

Case Details

Suit Number:SUIT NO.AL/145/2007
Judges:GEORGE K. KOOMSON
Counsel:NARTEY TETTEH FOR PLAINTIFF/RESPPONDENT MARTIN KPEBU FOR 2ND TO 4TH DEFENDANTS/APPLICANTS

RULING

KOOMSON, J.

This is an application filed by the 2nd, 3rd and 4th Respondents (hereinafter called  “Respondents”) praying for an order setting aside the Writ of Possession made by the Court  (Land Division) on the 8th August, 2019. 

Counsel for Respondents have indicated a clerical error on the Notice of Motion that instead of “Application for an order to set aside order for leave for Writ of Possess to issue”, a clerical error occurred and it was titled “Application for an order to set aside Writ of Possession”. I do not think this error cannot be remedied. I will allow the necessary  amendment to be effected as in doing so the merits and issues in the matter would not be jeopardized. In accordance with rule 9 (1) of Order 16 of C.I 47, I hereby grant leave to the  Respondents to amend the Notice of Motion by inserting “Order for leave for” thereon. The case of the Respondents is that after judgment has been entered in favour of Plaintiff (hereinafter referred to as Applicant), t…

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