[2012]DLCA7900 • April 20, 2012 • Court of Appeal
HARRIET MORRISON NEE (BAAH) AND CHARLES CANTAMANTO BAAH (JNR) (PLFFS/APPELLANTS) vs. REGISTERED TRUSTEES, VICTORY BIBLE CHURCH (1ST DEFT/RESPONDENT) CHIEF REGISTRAR (2ND DEFENDANT) PERSONAL REPRESENTATIVES OF THE LATE CECILIA MORKOR BAAH (3RD DEFENDANT)
AYEBI J.A. In this appeal the plaintiffs/appellants are praying this court to set aside the ruling of the High Court dated 10th March 2010 against them. In that ruling, the High Court upheld the 1st defendant/respondent’s application to dismiss the suit under Order 11 r.18 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) and under the inherent jurisdiction of the court. In the suit itself the appellants by way of summary, claim the following reliefs: (a) A declaration of ownership or title to their father’s property situated at Awoshie popularly referred to as Baah Yard. (b) A declaration that the 1st defendant is estopped from denying their title and rights to the said properties. (c) An order setting aside the terms of settlement executed between 2nd plaintiff and 1st defendant on 8th April 2009 on the grounds of shoddy and incompetent preparation, inadequate consideration and undue influence and unconscionability. (d) An order that the parties enter into a new ...