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THE REPUBLIC V. HIGH COURT(LAND DIVISION) EXPARTE: ABDULAI YAHYA & ORS.

(2018) JELR 109727 (SC)

Supreme Court  •  JS/33/2018  •  29 May 2018  •  Ghana

Coram
ADINYIRA JSC (PRESIDING), YEBOAH, BAFFOE-BONNIE, APPAU & PWAMANG JJSC.

Judgement

EXPARTE: ABDULAI YAHYA and ORS.  

Applicants present  

Asafoaste Odoi Ill representing the Interested party  

Thomas Hughes for the applicants with him Suleman Disu.  

Adjei Lartey for the 1st Interested party.  

Adjei Lartey: I am withdrawing the preliminary legal objection to the application. 

Court: The preliminary legal objection is struck out as withdrawn.  

Hughes: The judgment was a nullity as it breached the rules of natural justice, as they were  in full possession of the land, and had land title certificates to the lands, we were not  served with any process in respect of the case nor notified with the pendency of the suit  before the High Court. The 1st Interested party knew we were on the land and did not give  us notice of the suit. The area we occupy consisted of 45, 000 acres of land. I have had notice  of the judgment in February, 2018 and then flied the application. The Defendant in that  suit is unknown to us and owns no land in the arqa.  

Lartey: I have nothing to say.…

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