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OTEMA V. ASANTE

(1991) JELR 68734 (HC)

High Court  •  26 Aug 1991  •  Ghana

Coram
LUTTERODT J.

Judgement

LUTTERODT J.: The plaintiff who describes herself as the senior sister and customary successor of the late Ernest Kwasi Asante has issued this writ against the administrators of the late Asante for:

(1) “a declaration that a building at Abeka (house number not supplied) which has been listed among the deceased’s estate is family property;

(2) perpetual injunction; and

(3) account for all rents collected by the administrators in relation to the property.”

Shortly after being served with the writ, the first and second defendants not only entered appearance but caused an application to be filed under Order 25, r.4 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) praying for an order striking out the plaintiff’s writ and statement of claim on the grounds that it discloses no cause of action and/or in the alternative, that she has no locus standi to institute the instant action.

The thrust of the applicant’s counsel’s argument is that since by relief (a) as well as on the face of h…

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