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APPOLO CINEMAS & ESTATES (GH) LTD V. CHIEF LAND TITLE REGISTRAR AND ANOTHER

(2001) JELR 65823 (HC)

High Court  •  30 Aug 2001  •  Ghana

Coram
APPAU J

Judgement

JUDGEMENT

Appau J.

The plaintiff initiated this originating summons proceedings against the respondent viz, the Chief Land Title Registrar seeking the cancellation of a land title certificate No GA 11157 standing in the name of one Habiba Omar Captan, the co-defendant in this case, on the ground that same was obtained through fraudulent misrepresentation. The respondent, through whose correspondence the plaintiff came to the conclusion that the said certificate was obtained by fraud, reacted to the summons by filing a statement of defence instead of an affidavit on 17 July 2000, after having entered appearance on 19 February 2000, admitting the plaintiff’s claim that the said certificate was obtained through fraudulent misrepresentation on the part of the certificate holder.

After realising that they should have filed an affidavit instead of a statement of defence, the defendant later filed an affidavit in opposition to the originating summons on 19 July 2000 withdrawing the earlier stat…

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