[2017]DLHC16364 • February 9, 2017 • High Court
ANDREW NII KOI DSANE AND NII JOHN AFUTU ASHIE vs BENJAMIN AMON DSANE & 3 ORS
RULING The Plaintiffs obtained judgment against the Defendants and to realize the fruits of their Judgment, they have sought to levy execution over the subject matter of that Judgment. That subject matter in dispute is land situate at Oyibi. Upon applying for writ of possession to issue, the Plaintiffs, as required by Law, served notice of the proceedings on occupants on the land whereupon the interested party applied under the law for relief. The interested party has made a case that they have been sued over the subject matter over ownership over the land and that case is currently pending before a Court of competent jurisdiction. The Plaintiff/Judgement/Creditors are not disputing the fact of the pendency of that case but they have attempted to demonstrate the unlikelihood of that case being successfully defended. I must say that I should not be interested in ascertaining the merits or the demerits by that case since it is not within my jurisdiction to purport to determine that p...