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TONY KAMPEWU v. JUSTICE OBENG BOAKYE & 3 Ors

(2017) JELR 107144 (HC)

High Court  •  FAL 291/2013  •  16 Feb 2017  •  Ghana

Coram
AFIA SERWAH ASARE-BOTWE (MRS.)

Judgement

JUDGMENT

The facts of the case are that on the 23rd of January, 2013, the Plaintiff/ Respondent issued a writ in the Registry of this Court, with the following reliefs therein endorsed;

1) Plaintiff claims against the defendants jointly and severally a declaration that plaintiff is the owner of the land hereinafter described in the schedule.

2) Perpetual injunction restraining the defendants, their agents, servants and assigns from interfering with the said land.

3) Damages for trespass.

4) Recovery of possession.

The Plaintiff first obtained judgment in default of appearance and/or defence against people he first described as Kofi Asante and Joe Mechanic. They are no longer parties to the suit. The Plaintiff went into execution after which the Defendants herein applied to the court to set aside the default judgment and subsequent processes. This Court, being of the view that this matter ought to be dealt with on its merits granted the application after which the suit proceeded …

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