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NII OKWEI KINKA DOWUONA VI V. BARCLAYS BANK & ORS.

(2018) JELR 108126 (HC)

High Court  •  SUIT NO: LD/1390/2016  •  10 Jul 2018  •  Ghana

Coram
ANTHONY OPPONG

Appearances
KWAME FOSU GYEABOUR FOR PLAINTIFF – ABSENT SIKA AGGREY FOR MAXWELL LOGAN FOR 1ST DEFENDANT – PRESENT VICTORIA ADOTEY (ASA) FOR 2ND DEFENDANT – PRESENT CARLIS APPIAH BRAKO FOR 3RD DEFENDANT – PRESENT

Judgement

JUDGMENT

OPPONG, J.

Pursuant to an order dated 7th July 2017 of the Court joining the 2nd and 3rd Defendants to the suit, an Amended Writ of Summons was filed by the Plaintiff on 22nd August 2017. By the Amended writ, Plaintiff states that he is the Paramount Chief of Osu Stool and, in accordance with Order 4 Rule 9 of the  High Court (Civil Procedure Rules) 2004, (C.I.47), sues Defendants in that  capacity as the Paramount Chief of Osu Stool for himself and on behalf of the  Osu Stool. The reliefs sought were: 

a. A declaration that the lease dated 26th day of May 1939 on plots 53 and 54, 5th Avenue, Osu Mantse’s layout, European  Residential Area, Osu, Accra, between Plaintiff Stool and Barclays Bank (Dominion Colonial and Overseas) has expired and the plots together with the buildings thereon automatically and absolutely vested in Plaintiff Stool in accordance with  Clause 9 of the said lease. 

b. An order for recovery of possession and ejectment of 1st Defendant herein, its workers, …

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