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NII OKAIDJA III AND TWO OTHERS
V.
NII TETTEY AHINAKWA II (SUBST. BY FRNACIS NII AYIKAI) AND THOMAS OKINE

(2010) JELR 85106 (SC)

Supreme Court 29 Apr 2010 Ghana
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- Supreme Court held that where rules of court prescribe a specific mode (e.g., motion) for challenging irregular execution, commencing proceedings by writ instead is a fundamental procedural defect that goes to jurisdiction and renders the

Case Details

Judges:ATUGUBA, JSC, AKUFFO, JSC, ADINYIRA, JSC, GBADEGBE, JSC, AKOTO-BAMFO, JSC
Counsel:W.A.N. ADUMUA-BOSSMAN FOR THE DEFENDANTS/APPELLANTS/APPELLANTS; ALBERT ADAARE FOR THE PLATINITFFS/RESPONDENTS/RESPONDENTS.

JUDGMENT

GBADEGBE JSC

This is an appeal from the unanimous decision of the Court of Appeal dated 6tth November, 2008 that affirmed the decision of the trial High Court in the matter herein. The circumstances under which the proceedings herein arise before us may be stated thus. The defendants/appellants/appellants to whom I shall hereafter for convenience refer as the appellants obtained judgment in a cause affecting chieftaincy before the Judicial Committee of the Greater Accra Regional House of Chiefs on 17 February 2003 in a case entitled Nii Tetteh Ahinakwa II and Another v. Nii Ayitey Agbofu II and Another. Subsequently, they applied for and obtained from the High Court, Accra leave to go into execution of the said judgment. Following the grant of leave to the appellants, it appears that they caused steps to be taken to enforce the writ of possession against the execution debtors in the said action. Following the said execution, the plaintiffs/respondents/ respondents to whom I sh…

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