[2008]DLCA6658 • June 22, 2008 • Court of Appeal
BENJAMIN ANOE QUARCOO & JOSEPH TETTEH QUARCOO vs. MR. ANTWI & JESSIE'S BLOCK WORKS
The appellants, claiming ownership of a parcel of land, sued the respondents for declaration of title and recovery of possession. After difficulties effecting personal service, substituted service was granted. The appellants obtained default judgment and commenced execution by nailing shut doors and windows of structures on the land. The respondents re-entered the land, removed the nails, and resumed occupation despite the court orders. The respondents filed a motion to stay execution after re-entry. The High Court set aside the default judgment and later refused to attach the respondents for contempt. The appellants appealed this refusal.
read moreQUAYE, J.A. This appeal is from the ruling of the High Court, given on 10th March, 1998. The plaintiffs, who are the appellants herein, commenced the action against the defendants [now respondents] on 8th February, 1990 seeking a declaration of title to a parcel of land described in the writ of summons; recovery of possession, and other relief. The plaintiffs/appellants, claiming that they were unable to effect direct or personal service on the respondents, filed an application on 8th February, 1996 for an order for substituted service. This application was heard and granted on 12th February, 1996. The record of appeal shows that the appellants pursued the action and obtained judgment in default of appearance, judgment in default of defence and a writ of possession all between the date the motion for substituted service was filed on 8th February 1996 and 31st July 1996 when leave to issue writ of possession was granted. On Monday 2nd September 1996, the appellants began the execu...