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ALPHA MUSA V. MRS. MATILDA OBO-NAI & NII ANYETEI OBO-NA

(2012) JELR 91813 (CA)

Court of Appeal  •  SUIT NO. HI/62/09  •  8 Nov 2012  •  Ghana

Coram
APPAU, JA – PRESIDING AYEBI, J.A. ADJEI, J.A

Judgement

JUDGMENT

 DENNIS ADJEI, J.A.

On 9th November, 2007, the High Court Accra struck out the suit instituted by the plaintiff/appellant herein on several reasons. The plaintiff/appellant dissatisfied with the ruling filed an appeal against same on 29th November, 2007.

The brief facts of the matter were that the plaintiff/appellant herein (who would be described in this appeal as plaintiff) instituted an action against the defendant/respondent (who would be referred to in this appeal as defendants) in the High Court, Accra for, inter alia, A declaration of title to an area of 0.32 acres which forms part of a large track of land covering an area of 275.437 acres. The plaintiff instituted this action against the defendants in his capacity as the administrator of the estate of the late Malam Musah. The defendants entered conditional appearance to the plaintiff’s writ of summons on 23rd May, 2007. On 19th June, 2007 the defendants filed an application under Order 11 Rule 18(1) of the High Court (C…

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