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(1971) JELR 65134 (HC)

High Court  •  5 Jul 1971  •  Ghana




The defendant-applicant herein (hereinafter called the applicant) seeks an order to set aside the judgment of Charles Crabbe J. (as he then was), delivered on 1 May 1968 in favour of the plaintiff-respondent (hereinafter called the respondent). The respondent had sued the applicant for:

(a) A declaration of title to a piece of land described in the writ of summons.

(b) ¢500.00 (i.e. N¢ 416.67) damages for trespass.

(c) An order for the recovery of the possession of the said land.

(d) Perpetual injunction restraining the defendant, her agents, servants and workmen from interfering with the said land.

In order to have better appreciation of the arguments put forward by both counsel, it is very necessary that I set out, briefly, the history of this case. The respondent’s writ of summons, accompanied by a statement of claim, was served on the applicant personally. The applicant entered appearance through her solicitor, and the said solicitor, as usual, gave his address for service of …

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