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OFORI
V.
DONKOR

(1976) JELR 69583 (HC)

High Court 11 Feb 1976 Ghana
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- Plaintiff sought a declaration that a decision by the Omanhene and elders allocating proceeds of his cocoa farm (two-thirds to defendant, one-third to plaintiff) was not binding on him. - Defendant entered an appearance, but no defence wa

Case Details

Judges:ABOAGYE J.
Counsel:G. K. ACQUAH FOR THE APPLICANT; E. F. SHORT FOR THE RESPONDENT.
Other Citations:[1976] 1 GLR 275

ABOAGYE J.: By his writ issued on 25 February 1975, the plaintiff claimed: “A declaration that the decision by the Omanhene of Twifu Mampong and his elders on Friday 14 February 1975, that the plaintiff should share the proceeds of his cocoa farm with the defendant in the ratio of two-thirds to the defendant and one-third to the plaintiff, is not binding on the plaintiff.”

A copy of the writ was served on the defendant on 28 February 1975, and on 24 March 1975, an appearance was entered on his behalf by his solicitor, Mr. G. K. Acquah. On 27 May 1975, a statement of claim was filed on behalf of the plaintiff. A copy of the statement of claim was served on Mr. G. K. Acquah on 30 May 1975. No statement of defence was filed on behalf of the defendant and on 27 November 1975, Mr. E. F. Short, the plaintiff’s solicitor, filed a motion on notice for leave to enter judgment against the defendant for the relief endorsed on the writ. A copy of the motion paper with its accompanying affidavit wa…

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