[1984]DLHC681 • June 25, 1984 • High Court
SASRAKU III vs. ELLIS & WOOD FAMILIES
The plaintiff, Sasraku III, initiated a suit challenging the validity of a deed of conveyance and certificate of purchase relating to the Twifu Hemang stool lands, alleging irregularity and fraud. The plaintiff sought to set aside these documents, declare title, and obtain a perpetual injunction. The defendants, Ellis and Wood families, opposed the claim, pleading estoppel by acquiescence and estoppel per rem judicatam, citing a long history of litigation over the same land, including prior judgments against the plaintiff's predecessors and a dismissed appeal.
read moreJUDGMENT OF KPEGAH J. This case involves a consideration of Order 26, r. 1 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A)—the circumstances under which a plaintiff can discontinue a case with leave and still retain his cause of action. In the process, I will necessarily consider the discontinuance of an action without leave of the court. The plaintiff in the instant case, by a writ of summons taken out on 10 July 1984 seeks the following reliefs from the court: “(a) an order that a deed of conveyance dated 5 February 1986 and a certificate of purchase dated 18 September 1903 in respect of the Twifu Hemang stool lands be set aside as void for irregularity and for fraud; (b) declaration of title; and (c) an order of perpetual injunction.” On 12 July 1984, i.e. two days after the writ was issued, and before entry of appearance of the defendants, the plaintiff brought an ex parte application for an order of interim injunction which was granted. This...