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In this motion on notice, the 2 and 7 Defendants/Judgment Debtors/Applicants (hereinafter called the Applicants) are praying for an Order to set aside the judgment of this court dated 22 February, 2021 on grounds of the Plaintiffs’/Judgment Creditors’/Respondents’ (hereinafter called the Respondents) misrepresentation and want of capacity. Applicants are also praying for any further order of the court as it may deem fit.
The crux of the Applicants’ claim as gleaned from the Affidavit in support of the Application is that by two separate Deeds of Assignment dated 1 August, 2008 and 5 May, 2008 respectively duly executed in their favour by the Upper East Community, respective plots were granted to them. Applicants say they subsequently had their Deeds of Assignment duly registered at the Lands Commission as Document No. WR. 2952/08 and WR 944/10, and stamped as LVB/WR 2875/08/09 and LVB/WR 1275/10 respectively. That they subsequently took possession of the respective plots and en…