THE REPUBLIC V. ALHAJI TUDJANI EX PARTE; KASSEKE AKOTO DUGBARTEY SAPPOR AND OTHERS
(2014) JELR 65752 (CA)
Court of Appeal
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CIVIL APPEAL NO.H1/75/2013
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8 May 2014
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Ghana
Coram
S. E. KANYOKE J.A. (PRESIDING), F.G. KORBIEH J.A, CECILIA H. SOWAH (MRS) J.A.
Judgement
<p>JUDGEMENT</p><p>F.G. KORBIEH, J.A.</p><p>In order to understand fully and appreciate the appeal that is before us, we need to do a recap of the facts leading to the appeal. But as I go on to narrate the brief facts of the case, I will make comments that I consider to be relevant to any particular fact. On the 16/1/2012, the applicants/respondents (hereinafter referred to only as the respondents) issued a writ of summons accompanied by a statement of claim against five defendants of whom the respondent/appellant (hereinafter referred to only as the appellant) was the 5<sup>th</sup> defendant. The reliefs sought from the court as endorsed on the writ of summons were as follows:</p><p>a) A declaration that the purported sale of the family property comprised of Plots Nos. 103 and 104 situate, lying and being at Adabraka, Accra, otherwise described as H/No. D 554/4, Kojo Thompson Road, Adabraka, to the 5<sup>th</sup> Defendant by the 2<sup>nd</sup> and 4<sup>th</sup> Defendants is null, void and of no legal effect.</p><p>b) A declaration that the sale of the a…</p>