ADJORKOR BADU ANUM vs. DAVID ODARTEY OBENNEY AND ANOTHER

B/C — This Ruling is in respect of Motion on Notice raise preliminary Legal Points filed on 2-7-04 by Counsel for the Defendants, namely, (a) Nullity of the Claim of Plaintiff as per the attached Notice of Agbawe family. (b) Lack of Capacity to issue the Writ of Summons. A brief background of the Case is as follows:— Plaintiff sued Defendants for declaration of Title to all that piece of land as described on the Writ; Recovery of Possession of the said land; Damages for trespass, and further reliefs including a Perpetual Injunction restraining Defendants. The Defendants entered an Appearance and filed a defence. Somewhere along the line an injunction was placed on the Defendants, their Agents and Assigns from interfering with the land the subject matter of the Suit. The Defendants disobeyed the Court's Order and having been found in Contempt of the Orders of the High-Court dated 18-2-00, were accordingly, on 26-11-01 sentenced to a term of imprisonment for 21 days apparentl...