[2008]DLHC16580October 31, 2008High Court

DEDE KOSEY YOHUNU, ATTA KESENU YOHUNU vs ANNIE KUMAH AGBETI & 3 ORS

RULING The Plaintiffs herein issued a writ of summons against the four defendants for reliefs endorsed on the writ. After the close of pleadings the parties and their lawyers set down two of the issues raised in the application for directions to be trial first. Evidence was therefore taken in respect of those two issues and the court differently constituted made a determination on those issues. During the taking of evidence in respect of the trial of the two issues set down by the Court a witness who is a member of the family of the 3rd defendant’s family, gave evidence to the effect that in order to protect the family property from being dissipated or lost, large parcels of the family land have been given and registered in the names of 4 person as trustees to hold the land in trust for the family and that those parcels of land have not been sold to the said trustees. Upon this revelation, the 3rd defendant who is the head of the family applied ex-parte for an order of t.....