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NII OTU AKWETEY IX & ORS. v. SETH OTU OKLEY & ORS.

(2019) JELR 107060 (CA)

Court of Appeal  •  H1/168/18  •  28 Feb 2019  •  Ghana

Coram
V.D. OFOE J.A (PRESIDING). B.F. ACKAH-YENSU J.A. I. O. TANKO AMADU J.A

Judgement

 JUDGMENT

ACKAH-YENSU, JA

This is an interlocutory appeal from the Ruling of the High Court (Land Division) Accra dated 22/11/2017.

BACKGROUND FACTS:

The summary of facts giving rise to the Appeal is as follows: - By an Amended Writ issued on 22/5/2017, the Plaintiffs (Respondents herein) claimed from the Defendants (Appellants herein) the following reliefs:-

“a) A declaration that the registration of the Statutory Declaration of the 1st and 2nd Defendants was fraudulent.

b) Recovery of possession of all lands fraudulently disposed of by the Defendants.

c) An order directed at the Lands Commission to expunge from its records the said registration and restore such lands to the Katamanso Stool.

d) Perpetual injunction restraining the 1st and 2nd Defendants from alienating disposing of or dealing with the said parcels of land in any way inconsistent with the ownership rights of the Katamanso Stool.

e) Costs”

In their Statement of Claim, the Plaintiffs traced their interest in the subject matte…

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