KWABLA V. ABRAHAMS AND ANOTHER

OLLENNU J.: By his amended claim, the plaintiff sought an order declaring null and void a judgment of the Accra West Local Court delivered against him on the 15th June, 1961, in favour of the first defendant. He also sought an order for injunction restraining the defendants their agents and servants from interfering with his lands. The ground of his claim is that the judgment was obtained by fraud.

The facts of the case are briefly as follows. The Sempe stool by deed, exhibit D, dated the 8th December, 1947, conveyed a piece of land to the plaintiff and placed him in possession. The first defendant later sold a portion of the identical land to one Gariba Dan Bruno, and the latter built upon it. The plaintiff thereupon instituted an action against the said Gariba Dan Bruno and the first defendant, and obtained judgment against them, exhibit C, for recovery of possession and injunction. He was later placed in possession of the land with the buildings thereon, upon a writ of possession, e…