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MRS JENNIFER KANKAM NANTWI & MARTIN KANKAM NANTWI V. JOSEPH AMENYA

(2019) JELR 109725 (SC)

Supreme Court  •  J4/22/2019  •  23 Oct 2019  •  Ghana

Coram
GBADEGBE, JSC (PRESIDING) BENIN, JSC APPAU, JSC PWAMANG, JSC KOTEY, JSC

Judgement

GBADEGBE: 

In this appeal, for reasons of convenience, the parties will be referred to simply as  plaintiffs and defendant. The circumstances in which the action herein arises may  be stated shortly as follows. The plaintiffs issued the proceedings herein against  the defendant seeking an order setting aside a prior judgment of the High Court,  Accra in Suit Number L/187/2003 dated November 23, 2005 on the ground of  fraud. Also claimed as reliefs in the action are an order for the cancellation of a  Land Title Certificate No GA 10930, and an order of perpetual injunction. Upon  service of the proceedings herein on the defendant, he submitted himself  unconditionally to the jurisdiction of the trial High Court and filed a defence to the  action and counterclaimed among others for a declaration that the judgment  dated 23rd November, 2005 entered in favour of the defendants herein in Suit  L/187/2003 is valid and binding on the Plaintiffs. The said claim was expressed to  be in the alt…

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