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GRACE OKAIKAI OKINE V. GRACE AYELE WELBECK (2016 J)

(2016) JELR 107661 (HC)

High Court  •  SUIT NO. BMISC 1092/2014  •  28 Jun 2016  •  Ghana

Coram
KWEKU T. ACKAAH-BOAFO

Judgement

JUDGMENT 

Introduction

[1] The legal principle of estoppel res judicata is a centrepiece to this action. The principle of  estoppel is therefore an integral issue in this judgment. For the Defendants, fraud is the anchor  sheet upon which they defend this action and the basis of their counterclaim; even though the  subject matter of the suit has had a significant procedural history as I shall explain later. 

Background

[2] As per a writ of summons sealed in this registry on 28th day of August, 2014 the Plaintiff  claims against the Defendants the following judicial reliefs: 

1. an order for recovery of full possession of House Number A. 303/7, Old Dansoman, Accra; 

2. Substantial damages for trespass;

3. Alternatively, an order that the Defendants shall pay to the Plaintiffs appropriate rent  for their forcible and unlawful occupation of her property from 1991 to the date of  judgment; 

4. Cost including Attorney’s fees; 

5. Any further or other relief(s) found due. 

[3] The writ was acc…

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