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THE REPUBLIC
V.
ALHAJI TUDJANI EX PARTE; KASSEKE AKOTO DUGBARTEY SAPPOR AND OTHERS

(2014) JELR 65752 (CA)

Court of Appeal 8 May 2014 Ghana
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- The case involves a dispute over the sale of a family property - The respondents filed a writ of summons and statement of claim against five defendants, including the appellant - The reliefs sought include a declaration that the sale of t

Case Details

Suit Number:CIVIL APPEAL NO.H1/75/2013
Judges:S. E. KANYOKE J.A. (PRESIDING), F.G. KORBIEH J.A, CECILIA H. SOWAH (MRS) J.A.
Other Citations:(2014) JELR 65902 (CA), (2014) JELR 67921 (CA)

JUDGEMENT

F.G. KORBIEH, J.A.

In order to understand fully and appreciate the appeal that is before us, we need to do a recap of the facts leading to the appeal. But as I go on to narrate the brief facts of the case, I will make comments that I consider to be relevant to any particular fact. On the 16/1/2012, the applicants/respondents (hereinafter referred to only as the respondents) issued a writ of summons accompanied by a statement of claim against five defendants of whom the respondent/appellant (hereinafter referred to only as the appellant) was the 5th defendant. The reliefs sought from the court as endorsed on the writ of summons were as follows:

a) A declaration that the purported sale of the family property comprised of Plots Nos. 103 and 104 situate, lying and being at Adabraka, Accra, otherwise described as H/No. D 554/4, Kojo Thompson Road, Adabraka, to the 5th Defendant by the 2nd and 4th Defendants is null, void and of no legal effect.

b) A declaration that the sale of the a…

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