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KWABENA OFORI ODURO, MARY ODURO AND AGNES ODURO V. ISAAC KWASI OWUSU

(2014) JELR 68635 (SC)

Supreme Court  •  CIVIL APPEAL NO.J4/22/2014  •  23 Dec 2014  •  Ghana

Coram
WOOD C. J. (PRESIDING), ANSAH J.S.C., DOTSE J.S.C., BONNIE J.S.C.,AKAMBA J.S.C.

Judgement

JUDGMENT

AKAMBA, JSC

This appeal is from the judgment of the Court of Appeal entered against the Defendant/Appellant/Appellant (hereinafter simply the Defendant) on 21/10/2010 in an action commenced by Plaintiffs/ Respondents/Respondents (hereinafter simply the Plaintiffs) per a writ of summons issued on 23/11/1995.

The Plaintiffs sued the Defendant seeking the following reliefs:

“i. A Declaration that the sale of H/No C383/2 Amugi Avenue, Adabraka, Accra by a deed of conveyance No 461/1985 to the Defendant by the vendor therein was a fraud and therefore null and void.
ii. A declaration that whether or not the defendant was aware of the fraud, the sale was null and void because the vendor had no power to sell the property and the sale passed no title to the Defendant.
iii. An order of the Court setting aside the sale.
iv. An order of the Court ejecting the Defendant and or his agents forthwith from the house.
v. Perpetual injunction restraining the Defendant from exercising any rights of own…

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