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MARGARET ABOAGYEWAA v. ERIC BUSBY QUARTEY- PAPAFIO

(2017) JELR 92068 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/101/2017  •  20 Jul 2017  •  Ghana

Coram
MARFUL-SAU, JA (PRESIDING), AGNES DORDZIE, JA, SUURBAAREH, G.S, JA

Judgement

JUDGMENT

MARFUL-SAU, JA

This appeal is against the ruling of the High Court sitting in Accra dated the 2nd of December 2014. The appeal raises a fundamental legal issue which is whether or not the Plaintiffs/Respondents pleadings disclosed a reasonable cause of action against the 1st defendant/appellant, and for that matter whether the 1st Defendant/Appellant is a necessary party to the suit commenced by the Plaintiffs/Respondents. The brief facts of the case are that the 1st Defendant/Appellant who will be referred to simply as the Appellant in this appeal, obtained judgment in the High Court, Accra against the 2nd Defendant, Daniel Kojo Amoako in suit No. AC 324/2009. By the said judgment the Appellant was to recover an amount of GH₵ 81,075.00 and costs of GH₵ 5000.00 from the said Daniel Kojo Amoako. The Appellant in enforcing the said judgment attached by a writ of Fieri Facias (Fifa), a single storey block of shops at Mallam, Accra the property of the said Daniel Kojo Amoako. The …

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