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PATRICK LOMO MENSAH
V.
AGARTHA AWAH

(2016) JELR 108663 (HC)

High Court 26 Feb 2016 Ghana
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- The Plaintiff is seeking various declarations and reliefs against the Defendants, including a declaration that certain rulings and judgments were void, a declaration that the Plaintiff performed their contract with the 1st Defendant and i

Case Details

Suit Number:SUIT NO. AL/ 30/2011
Judges:R. B. BATU
Counsel:ALI GANDA ABDUL FOR PLAINTIFF; DR. ATTIPOE FOR 1ST AND 2ND DEFENDANTS; OSEI NYAME FOR 3RD DEFENDANT.

JUDGMENT

BATU, J.

By the endorsement on the amended Writ of Summons and Statement of Claim filed on 2nd September, 2011, the reliefs sought by the Plaintiff against the Defendants are: 

“(i) A declaration that the rulings of the Circuit Court dated 26th day of August,  2005 and 15th day of March, 2010, were void.

(ii) A declaration that the entry of judgment dated 9th March, 2009 in Suit No. CBC  265/2003 in the Circuit Court was void: 

(a) For noncompliance with the orders of the Circuit Court for substituted service of the Writ of Summons on the Plaintiff (therein 2nd Defendant)  and substituted service of the Entry of judgment on the Plaintiff (therein  2nd Defendant), or 

(b) For service by substitution of the Writ of Summons on Plaintiff (therein 2nd Defendant), a resident outside the jurisdiction. 

(c) By fraudulent representation of facts in the pleadings of the suit, or

(d) On the grounds of (a), (b), (c) and (d) above. 

(iii) A declaration that the Plaintiff performed his contract wi…

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