THE REPUBLIC vs. ALHAJITUDJANI EX PARTE; KASSEKE AKOTO DUGBARTEY SAPPOR AND OTHERS

F.G. KORBIEH, J.A. In order to understand fully and appreciate the appeal that is before us, we need to do a recap of the facts leading to the appeal. But as I go on to narrate the brief facts of the case, I will make comments that I consider to be relevant to any particular fact. On the 16/1/2012, the applicants/respondents (hereinafter referred to only as the respondents) issued a writ of summons accompanied by a statement of claim against five defendants of whom the respondent/appellant (hereinafter referred to only as the appellant) was the 5th defendant. The reliefs sought from the court as endorsed on the writ of summons were as follows: a) A declaration that the purported sale of the family property comprised of Plots Nos. 103 and 104 situate, lying and being at Adabraka, Accra, otherwise described as H/No. D 554/4, Kojo Thompson Road, Adabraka, to the 5th Defendant by the 2nd and 4th Defendants is null, void and of no legal effect. b) A declaration that the sale of the afo...