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REPUBLIC
V.
HIGH COURT, ACCRA LAND DIV. (7) ACCRA EXPARTE THE REGISTERED TRUSTEE OF EAST DADEKOTOPON DEVELOPMENT TRUST

(2020) JELR 92004 (SC)

Supreme Court 22 Jul 2020 Ghana
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- The case involves a dispute over ownership of land in East La Dadekotopon. - The 1st Interested Party sued the 2nd and 3rd Interested Parties for declaration of title, damages, and injunction. - The 2nd and 3rd Interested Parties sought t

Case Details

Suit Number:CIVIL MOTION NO. J5/46/2020
Judges:DOTSE, JSC (PRESIDING) , APPAU, JSC , PWAMANG, JSC , TORKORNOO (MRS), JSC , MENSA-BONSU (MRS), JSC
Counsel:EZRA ALABI BORQUAYE FOR THE APPLICANTS. EMMANUEL BRIGHT ATOKOH FOR THE 1ST INTERESTED PARTY. DAVID AMETEFE FOR THE 2ND INTERESTED PARTY.

RULING

TORKORNOO (MRS), JSC

The matters in controversy in this application for an Order of Certiorari have zig-zagged between the High Court, the Court of Appeal and the Supreme Court, since 2017, and unworthily so. 

 BACKGROUND 

On 8th March 2017, the 1st Interested Party herein sued the 2nd and 3rd Interested parties in a suit titled and numbered Adolph Tetteh Adjei v. Anas Aremeyaw Anas, Holy Quaye Suit No LD/0256/2017 for declaration of title to 2.0 acres of land situate at East La Dadekotopon, damages for trespass, recovery of possession and injunction to restrain further trespass. After entering appearance and without filing a defence, the 2nd and 3rd Interested Parties prayed the high court presided over by Justice Gyimah for an order to dismiss the suit on the ground that it is an abuse of process.

According to the Ruling of Gyimah J attached to the application before us as Exhibit B and dated 31st August 2017, the ground for their application was that the issue of ownership of the…

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